SUBCHAPTER 1613
NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION ANDRETALIATION ACT OF 2002-NOTIFICATION AND TRAINING
References:(a) 5 CFR Part 724

Attachments:(1) Department of the Navy No FEAR Act Notification
Statement(2) No Fear Act Training Annual Report

1. Purpose. To issue the Department of the Navy’s (DON) implementing
instruction to carry out the notification and training requirements andassign responsibilities associated with the Notification and Federal
Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR Act).
2. Background. Reference (a) established the requirements for
notification and training of Federal employees under the No FEAR Act.
This instruction sets forth DON’s requirements and outlines thetraining plan to comply with the intent of reference (a).
3. Policy. It is DON policy to provide a workplace free of
discrimination and retaliation. As such, it is essential that therights of employees, former employees and applicants for employment
covered by Federal antidiscrimination and whistleblower protection laws
be protected. Notifying present and former employees and applicants for
employment of their rights under antidiscrimination and whistleblower
protection laws, combined with on-going training of current employees,
will increase DON’s accountability and compliance with pertinent laws.
4. Applicability. This guidance pertains only to Federal employees.
Pursuant to section 205 of the No FEAR Act, neither the Act nor thisguidance creates, expands or reduces any rights otherwise available toany employee, former employee or applicant under the laws of the UnitedStates, including the provisions of law specified in 5 U.S.C. 2302(d).
5.

Responsibilities.

a. The Secretary of the Navy (SECNAV) will ensure that all Agency
civilian employees are provided information regarding their rights inaccordance with the provisions of the No Fear Act.
b. The Assistant Secretary of the Navy (ASN) (Manpower and Reserve
Affairs (M&RA)), as DON Director of EEO, shall establish policy for
implementing the notification and training provisions of reference (a).
c. The Deputy Assistant Secretary of the Navy (DASN) (Civilian
Human Resources (CHR)) is hereby delegated the authority to establish
policy and procedures for ensuring all echelon 1 and 2 commands are incompliance with the requirements of reference (a). The DASN(CHR) hasauthority to further delegate these responsibilities to enforce
compliance with this instruction.
d. Director, Office of Civilian Human Resources (OCHR) serves as
DON primary point of contact for policy and guidance on implementationof the provisions of the No Fear Act.

e. Director, Naval Office of EEO Complaints Management andAdjudication (NAVOECMA) monitors compliance with DON policy andprepares agency reports. As such, NAVOECMA will:(1) Respond to all external reporting requirements of the No
Fear Act for DON commands and activities, and;
(2) Ensure the DON HR website is regularly updated withcurrent, accurate information regarding the provisions of the No FearAct.
f. The Chief of Naval Operations, Commandant of the Marine Corps,Assistant for Administration Office of the Under the Secretary of theNavy, and heads of echelon 2 commands will ensure subordinate commands
comply with the requirements of this instruction.
g. Command Deputy Equal Employment Opportunity Officer (CDEEOO).
Each CDEEOO will report annually to NAVOECMA by January 20 thecompletion of No Fear Act training in accordance with section 6.(c) ofthis instruction.
h. Human Resources Offices (HRO), as the local provider of Civilian
HR/EEO services will provide assistance for commands/activities toaccomplish the requirements of this instruction.
i. Commanders, Commanding Officers, Officers-in-Charge, heads ofactivities are accountable for securing the notification and training
for all assigned civilian personnel, reporting to the major command,and discharging all assigned responsibilities in a timely and economicmanner.
6.

Procedures.
a. Notification Requirements.

(1) In accordance with reference (a), DON must provide notice toall of its employees, former employees, and applicants for Federal
employment about the rights and remedies available under theAntidiscrimination Laws and Whistleblower Protection Laws applicable tothem. The notice under this part must be titled, “No FEAR Act Notice.”(2) The DON No Fear Act Notice can be found athttps://www.donhr.navy.mil/NoFearAct.asp. Echelon I and II commands
must establish a hyperlink from the Command Web Site to the official
notice.
(3) The No Fear Act Notice must be initially issued within 60
calendar days of implementation of reference (a). New employees mustreceive a copy of this notification within 90 calendar days of enteringon duty. Thereafter, the notice must be provided by the end of eachsuccessive fiscal year, and any posted materials must remain in place
until replaced or revised.
(4) The notification must be provided in paper (e.g., letter,poster or brochure) and/or electronic form (e.g., e-mail, internal
agency electronic site, or Internet Web site).

(5) Hard copies of the notice must be posted in the workplaceand made available to employees upon request.
(6) Applicants will have access to the notice via position
vacancy announcements.
b. Training Requirements.
(1) This instruction serves as DON’s written plan to train all
employees, including military supervisors and managers of civilian
employees, about the applicable rights and remedies available under the
Antidiscrimination Laws and Whistleblower Protection Laws.
(2) Initial training for all employees (including supervisorsand managers) must be completed by December 17, 2006. Thereafter, eachcommand will ensure that all employees are trained on a training cycleof no longer than every 2 years.
(3) All new employees must be trained within 90 calendar days ofappointment, on the provisions of the guidance as part of the local
employee orientation or other training program. All new employees mustreceive No Fear Act training(4) No Fear Act training may be accomplished as follows:(a) Dissemination and/or presentation of briefing developedby NAVOECMA is available at: https://www.donhr.navy.mil/NoFearAct.asp.
(b) No FEAR Act computer based training is available at theNavy Knowledge Online Website: https://wwwa.nko.navy.mil/portal/splash/index.jsp.
(c) Review of all EEO and/or Supervisor and Manager
training provided during FY 06 to determine if the full intent ofreference (a) was received by each participant. Verification will be
documented by each CDEEOO in the Commands annual report to NAVOECMA.
Examples of the content may be reviewed by NAVOECMA to substantiatethat the training requirement has been met.
(d) Ensure that all contractor-provided No FEAR Act
training meets the requirements of reference (a). Commands are free toutilize General Services Administration (GSA) approved vendors toensure timely compliance.
c. Reporting Requirements.
(1) Each echelon I and II command will track and maintainrecords of training completed by subordinate commands.
(2) The Command Deputy EEO Officer is responsible for providing
the command annual report of completed training to NAVOECMA by 20January. The report format is included as an attachment to thisinstruction.

7. Action. The DASN(CHR) will issue and update No Fear Act directives
that conform with this policy. Addressees must adhere to the Civilian
Human Resources Manual (CHRM) and related updates.

Attachment (1)Department of Navy
Notification and Federal Employee Anti-Discrimination andRetaliation Act of 2002
Department of Navy (DON) Notice
On May 15, 2002, Congress enacted the “Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,” which is now
known as the No FEAR Act. One purpose of the Act is to “require that
Federal agencies be accountable for violations of antidiscrimination
and whistleblower protection laws.” Pub. L. 107-174, Summary. In
support of this purpose, Congress found that “agencies cannot be run
effectively if those agencies practice or tolerate discrimination.”Pub. L. 107-74, Title I, General Provisions, Section 101(1).
The Act also requires that DON inform current employees, former
employees and applicants for employment, of the rights and protections
available under Federal antidiscrimination, whistleblower protection
and retaliation laws.
Antidiscrimination Laws
A Federal agency may not discriminate against an employee orapplicant with respect to the terms, conditions or privileges ofemployment on the basis of race, color, religion, sex, national origin,age, disability, marital status or political affiliation.
Discrimination on these bases is prohibited by one or more of thefollowing statutes: 5 U.S.C. 2302(b) (1), 29 U.S.C. 206(d), 29 U.S.C.
631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16.
If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, national
origin or disability, you must contact an Equal Employment Opportunity(EEO) counselor within 45 calendar days of the alleged discriminatory
action, or, in the case of a personnel action, within 45 calendar daysof the effective date of the action, before you can file a formal
complaint of discrimination with your agency. See, e.g., 29 CFR 1614.

If you believe that you have been the victim of unlawful
discrimination on the basis of age, you must either contact an EEO
counselor as noted above or give notice of intent to sue to the Equal
Employment Opportunity Commission (EEOC) within 180 days of the alleged
discriminatory action.
If you are alleging discrimination based on marital status orpolitical affiliation, you may file a written complaint with the U.S.
Office of Special Counsel (OSC) (see contact information below). In thealternative (or in some cases, in addition), you may pursue adiscrimination complaint by filing a grievance through your agency's
administrative or negotiated grievance procedures, if such procedures
apply and are available.
Whistleblower Protection Laws
A Federal employee with authority to take, direct others to take,recommend or approve any personnel action must not use that authority
to take or fail to take, or threaten to take or fail to take, apersonnel action against an employee or applicant because of disclosureof information by that individual that is reasonably believed toevidence violations of law, rule or regulation; gross mismanagement;
gross waste of funds; an abuse of authority; or a substantial andspecific danger to public health or safety, unless disclosure of suchinformation is specifically prohibited by law and such information is
specifically required by Executive order to be kept secret in theinterest of national defense or the conduct of foreign affairs.
Retaliation against an employee or applicant for making a protecteddisclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe thatyou have been the victim of whistleblower retaliation, you may file awritten complaint (Form OSC-11) with the U.S. Office of Special Counsel
at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online
through the OSC Web site--http://www.osc.gov.
Retaliation for Engaging in Protected Activity
A Federal agency may not retaliate against an employee or applicant
because that individual exercises his or her rights under any of theFederal antidiscrimination or whistleblower protections laws listedabove. If you believe that you are the victim of retaliation forengaging in protected activity, you must follow, as appropriate, theprocedures described in the Antidiscrimination Laws and Whistleblower
Protection Laws sections or, if applicable, the administrative or
negotiated grievance procedures in order to pursue any legal remedy.
Disciplinary Actions
Under the existing laws, each agency retains the right, whereappropriate, to discipline a Federal employee who has engaged indiscriminatory or retaliatory conduct, up to and including removal. If
OSC has initiated an investigation under 5 U.S.C. 1214, however,according to 5 U.S.C. 1214(f), agencies must seek approval from theSpecial Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation. Nothing in the No FEAR Act alters
existing laws or permits an agency to take unfounded disciplinaryaction against a Federal employee or to violate the procedural rights
of a Federal employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act regulations,refer to 5 CFR 724, as well as Human Resources Office servicing yourlocation or on the website http://www.donhr.navy.mil/NoFearAct.asp.
Additional information regarding Federal antidiscrimination,
whistleblower protection and retaliation laws can be found at the EEOC
Web site--http://www.eeoc.gov and the OSC Web site--http://www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, neither the Act nor
this notice creates, expands or reduces any rights otherwise available
to any employee, former employee or applicant under the laws of theUnited States, including the provisions of law specified in 5 U.S.C.
2302(d).

Attachment (2)

ANNUAL REPORT OF TRAINING COMPLETEDIN ACCORDANCE WITHNO FEAR ACT
Major Claimant Name:__________________________

Command DEEOO: _________________________________
Telephone: _____________________________________
Email: _________________________________________

Method ofTraining

Total #Civilian
Employees

NonNew
Supervisors/ Supervisory
EmployeeManagers
Employees
Orientation

Briefing
OnlineOrientation
Contractor

Certified by:
Signature
Commander/EEO Officer

Date

Signature
Command DEEOO

Date