DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) 

No FEAR Act Notice 

On May 15, 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and 

Retaliation Act of 2002,” which is known as the No FEAR Act. One purpose of the Act is to

“require 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).

The Act also requires the Defense Finance and Accounting Service (DFAS) to provide this notice to 

federal employees, former federal employees and applicants for federal employment to inform you of 

the rights and protections available to you under federal antidiscrimination, whistleblower protection

and retaliation laws. 

Antidiscrimination Laws

A federal agency cannot discriminate against an employee or applicant with respect to the terms,

conditions or privileges of employment 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 the following 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 days of the effective date of the action) before you can file a 

formal complaint of discrimination with DFAS. See 29 CFR 1614.105. 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 the Equal Employment Opportunity Commission (EEOC) notice of 

intent to sue within 180 days of the alleged discriminatory action. If you are alleging discrimination 

based on marital status or political affiliation, you may file a written complaint with the United States 

Office of Special Counsel (OSC).

In the alternative, bargaining unit employees may pursue a claim of discrimination through the 

negotiated grievance procedure set forth in the Master Collective Bargaining Agreement, if that 

procedure applies and is 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, fail to take, or threaten to take or fail to take a 

personnel action against an employee or applicant because of disclosure of information by that 
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individual that is reasonably believed to evidence violations of law, rule or regulation; gross 

mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger 

to public health or safety, unless disclosure of such information is specifically prohibited by law and 

such information is specifically required by Executive Order to be kept secret in the interest of 

national defense or the conduct of foreign affairs. 

Retaliation against an employee or applicant for making a protected disclosure is prohibited by 

5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you 

may file a written complaint (Form OSC-11) with the United States Office of Special Counsel at 

1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online through the OSC Web site at 

http://www.osc.gov. 

Retaliation for Engaging in Protected Activity 

A federal agency cannot retaliate against an employee or applicant because that individual exercises 

his or her rights under any of the federal antidiscrimination or whistleblower protections laws listed 

above. If you believe that you are the victim of retaliation for engaging in protected activity, you 

must follow, as appropriate, the procedures described in the federal antidiscrimination, whistleblower 

protection and retaliation laws or, if applicable, the negotiated grievance procedures in order to 

pursue any legal remedy. 

Disciplinary Actions 

Under the existing laws, DFAS retains the right, where appropriate, to discipline a federal employee 

for conduct that is inconsistent with federal antidiscrimination and whistleblower protection laws, up 

to and including removal. However, if the OSC has initiated an investigation under 5 U.S.C. 1214, 

according to 5 U.S.C. 1214(f), agencies must seek approval from OSC 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 information regarding the No FEAR Act regulations, refer to 5 CFR 724, as well as the DFAS 

Office of Equal Opportunity Programs, Human Resources Office or Office of General Counsel. 

Additional information regarding federal antidiscrimination, whistleblower protection and retaliation 

laws can be found on the Agency’s ePortal Diversity and Equal Opportunity page, at the EEOC Web 

site at http://www.eeoc.gov, and the OSC Web site at 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 the United States, including the provisions of law specified in 5 U.S.C. 2302(d).