MANDATORY NO FEAR NOTICE FOR NEW EMPLOYEES 

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

and Retaliation Act of 2002,” (Public Law 107-174) 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”. In support of this purpose, Congress 

found that “agencies cannot be run effectively if those agencies practice or tolerate 

discrimination.” The Defense Logistics Agency provides this No Fear Act Notice to inform you 

of the rights and protections available to you under Federal antidiscrimination, whistleblower 

protection and retaliation laws. 

I certify that I have received the No Fear Act Notice in compliance with the provisions of 

Public Law 107-174. 

FULL NAME (PRINTED) 

SIGNATURE 

______________________________________________________________________ 

POSITION TITLE AND GRADE 

ORGANIZATION /DIVISION/ BRANCH 

PHONE NUMBER 

DATE 

When completed, retain copies of this signature sheet for yourself 

and your immediate supervisor. The original should be forwarded 

within 90 days of your appointment to your servicing Equal 

Employment Opportunity Office. 
DEFENSE LOGISTICS AGENCY 

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”. 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.” Public Law 107-174, Title I, General 

Provisions, Section 101(1). The Defense Logistics Agency provides this No Fear Act 

Notice to current employees, former employees and applicants for employment to 

inform you of the rights and protections available to you under Federal 

antidiscrimination, whistleblower protection and retaliation laws. 

Antidiscrimination Laws 

An 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. 2000e16. 

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 the 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 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 U.S. Office of Special Counsel (OSC). 

In the alternative (or in some cases, in addition), you may pursue a discrimination 

complaint by filing a grievance through the agency's administrative or negotiated 

grievance procedures, if such procedures apply and are available. 

Whistleblower Protection Laws 

An 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, a personnel action against an employee or applicant because of disclosure 

of information by that 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 U.S. 

Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-

4505 or online through the OSC Web site- 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 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 

Each agency retains the right, where appropriate, to discipline a Federal employee who 

has engaged in discriminatory 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 the Special 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. 

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). 

Additional Information 

For information regarding the No FEAR Act regulations, refer to 5 CFR 724, or contact 

the DLA Corporate EEO Office at 703-767-1100. Additional information regarding 

Federal antidiscrimination, whistleblower protection and retaliation laws can be found at 

www.eeoc.gov and www.osc.gov.