THE SECRETARY OF EDUCATION

WASHINGTON, DC 20202

November 6, 2023 

MEMORANDUM TO ALL DEPARTMENT EMPLOYEES 

Subject: Policy Statement on Equal Employment Opportunity (EEO) and the Notification and Federal

Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002 and the Whistleblower Protection 

Enhancement Act of 2012 (WPEA) (“Policy Statement”)

As the Secretary of the U.S. Department of Education (ED), I believe that providing equal employment 

opportunity (EEO) to all employees and applicants for Federal employment is an integral part of ED’s 

ability to fulfill its mission. ED is committed to achieving and ensuring a strong, effective, highperforming, and diverse workforce that is free of discrimination and harassment in any form. Therefore, 

we must continue to view it as our personal responsibility to work together to eliminate any 

discrimination and barriers to EEO in the workplace and to foster a talented, skilled, and diverse 

workforce that is reflective of our nation. 

Equal Employment Opportunity

ED will not tolerate discrimination and harassment on the basis of race, color, age, national origin, sex, 

transgender status, gender identity, sexual orientation, pregnancy, religion, disability, genetic 

information, marital status, status as a parent, or political affiliation, or retaliation for opposing 

discriminatory practices, and/or participating in the discrimination complaint process. Workplace 

harassment will not be tolerated, and the agency will correct any harassing conduct before it becomes 

severe or pervasive. This applies to all terms and conditions of employment including, but not limited 

to, recruitment, hiring, promotions, transfers, reassignments, training, career development, benefits, and 

separation.

ED officials, managers, and supervisors must continue to work with employees to identify and eliminate 

any barriers to EEO in the workplace so that all employees and applicants will have the freedom to 

compete on a fair and level playing field with equal opportunity for competition. I firmly believe that 

promoting EEO in the workplace supports ED’s goal of being a model employer able to attract and 

retain a highly skilled and diverse workforce. 

To obtain more information about submitting a complaint of discrimination, please see 

https://connected.ed.gov/ofo/Pages/Equal-Employment-Opportunity-Services.aspx or contact an EEO 

counselor at the Office of Finance and Operations, Office of Equal Employment Opportunity Services 

by email at OFO_eeos@ed.gov or by telephone at (202) 401-3560. Note that any such complaints must 

be submitted within 45 calendar days of the alleged discriminatory event(s). 

As an alternative, bargaining unit employees may also pursue a discrimination complaint by filing a 

grievance through ED’s negotiated grievance procedures. For information on the Negotiated Grievance 
Process, please contact the Labor and Employee Relations Branch by email at Laborrelations@ed.gov or 

by telephone at (202) 394-6849. 

Alternative Dispute Resolution 

To maintain a respectful, productive, and collaborative work environment, in accordance with the U.S. 

Equal Employment Opportunity Commission’s regulations and guidelines and the Administrative 

Dispute Resolution Act of 1996, ED promotes the use of the alternative dispute resolution (ADR)

process to resolve workplace disputes before the disputes advance to a formal complaint stage. The 

ADR process is used to resolve a wide range of workplace disputes, including EEO and grievancerelated matters, in a cooperative, cost-effective, and timely manner. All employees are strongly 

encouraged to cooperate and engage in the ADR process. Participation in the ADR process is voluntary 

for a complainant in an EEO matter. If an EEO complainant elects to participate in ADR, ED shall 

provide a management official to participate in that process. For additional information on the ADR

process, please contact the Office of Finance and Operations, ADR Center by e-mail at 

ADR_center@ed.gov or by phone at (202) 245-7520. 

No FEAR Act

On May 15, 2002, the Notification and Federal Employee Antidiscrimination and Retaliation Act (No 

FEAR Act) was enacted. The purpose of the No FEAR Act is to “require that Federal agencies be 

accountable for violations of antidiscrimination and whistleblower protection laws” (Public Law 107-

174, Summary). In support of this purpose, Congress found that “agencies cannot be run effectively if 

those agencies practice or tolerate discrimination” (Public Law 107-174, Title I, General Provisions, 

Section 101(1)). 

Section 301 of the No FEAR Act requires each Federal agency to post summary statistical data 

pertaining to complaints of employment discrimination filed against it by employees, former employees, 

and applicants for employment. The specific data to be posted is further described in section 301(b) of 

the Act and 29 CFR 1614.704. ED’s summary data of complaints filed against ED is located at 

https://www2.ed.gov/about/offices/or/reports.html. 

WPEA

The Whistleblower Protection Enhancement Act of 2012 (WPEA) amends whistleblower protections for 

Federal employees by clarifying the scope of protected disclosures, tightening requirements for 

nondisclosure agreements, expanding the penalties imposed for violating whistleblower protections, and 

establishing a Whistleblower Protection Ombudsman. 

The No FEAR Act and WPEA protect Federal employees from unlawful discrimination and reprisal for 

participation in protected EEO and whistleblowing activity for reporting illegal acts of employers. 

Under the WPEA, ED may not take a personnel action, threaten to take a personnel action, or refuse to 

take a personnel action because an employee or applicant for employment made a protected disclosure. 

A Federal employee may seek corrective action from the Merit Systems Protection Board (MSPB) 

regarding any personnel action that is proposed or taken against him or her as a result of whistleblowing, 

as defined in 5 U.S.C. 2302(b)(8). Further information regarding filing whistleblower complaints is 

available on the MSPB website at https://www.mspb.gov. 
In support of my Policy Statement regarding EEO, all managers, supervisors, and employees are

required to complete a mandatory online EEO Training on a biennial basis. Current employees will 

need to complete this training within a two-year cycle. For new employees, the training must be 

completed within 90 days of their start date. 

I know that I can count on all ED employees to play their part in ensuring that ED achieves an effective, 

high-performing, and diverse workforce that is free of discrimination and harassment. This

responsibility belongs to all of us. 

Miguel A. Cardona, Ed.D.