DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

Washington, DC 20004-2901

October 10, 2023

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

No FEAR Act Notice

The “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” 

known as the “No FEAR Act,” requires federal agencies like the Defense Nuclear Facilities 

Safety Board (DNFSB) to “be accountable for violations of antidiscrimination and whistleblower 

protection laws.” Congress passed the No FEAR Act because it found that “agencies cannot be 

run effectively if those agencies practice or tolerate discrimination.” Pub. L. 107-74, Title I, 

General Provisions, § 101(1).

The No FEAR Act requires federal agencies to provide this notice to federal employees, former 

employees, and applicants for employment. This notice is intended to inform you of the rights 

and protections available to you under federal antidiscrimination, civil service, whistleblower 

protection, and anti-retaliation laws.

Antidiscrimination Laws

A federal agency cannot discriminate or tolerate harassment against any employee or applicant 

for employment based on race, skin color, religion, sex (including pregnancy, sexual orientation, 

and gender identity), national origin, age, disability, genetic information, reprisal, marital status, 

parental status, political affiliation, military service, protected equal employment opportunity 

(EEO) activity, whistleblower activity, or any other non-merit factor. 

Discrimination on these bases is prohibited by federal statutes and executive orders. See 5 U.S.C.

§ 2302(b; 29 U.S.C. § 206(d); 29 U.S.C. § 633a; 29 U.S.C. § 791; 38 U.S.C. §§ 4301-35; 42 

U.S.C. § 2000e-16; 42 U.S.C. § 2000ff et seq.; Executive Order (EO) 11478; EO 13087; EO 

13145; and EO 13152. 

If you believe that you have been the victim of unlawful discrimination on the basis of race, skin 

color, religion, sex, national origin, age, disability or reprisal, you must contact an 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 your agency. A description of DNFSB’s policies and 

procedures for filing an EEO complaint can be found on the DNSFB intranet or by contacting the 

EEO manager.
If you believe that you have been the victim of unlawful discrimination based on 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 calendar 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). If 

you are alleging discrimination based on military service, you may request assistance from the 

Veterans’ Employment and Training Service (VETS) at the Department of Labor (DOL), the 

Merit Systems Protection Board (MSPB), or OSC, depending on the circumstances.

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, 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 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-14) with OSC 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 cannot retaliate against an employee or applicant because those individuals 

exercise their rights under any federal antidiscrimination or whistleblower protection 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.

Disciplinary Actions

Under the existing laws, each agency 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 from federal service. 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 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. 

However, under the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017, an agency must 

propose certain disciplinary actions against supervisors who have engaged in certain specified 
acts of whistleblower retaliation or other forms of retaliation and prohibited personnel practices 

under civil service laws.

Additional Information

For further information regarding the No FEAR Act regulations, refer to 5 Code of Federal 

Regulations (C.F.R.) Part 724. You can find additional information regarding federal 

antidiscrimination, whistleblower protection, and retaliation laws on the EEOC website at 

http://www.eeoc.gov, on the OSC website at http://www.osc.gov, on the MSPB website at 

http://www.mspb.gov, or on the VETS website at https://www.dol.gov/vets.

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).

I fully support the principles of the No FEAR Act, and I am committed to providing a workplace 

environment that is free from discrimination. It is DNFSB’s policy to prohibit employment 

discrimination and interference or retaliation when protected disclosures are made. 

The EEO manager, along with agency leadership, will ensure proper implementation of the No 

FEAR Act’s mandatory requirements. I expect all offices to offer their full support to ensure 

compliance with the requirements of the No FEAR Act. You may obtain further information 

regarding the No FEAR Act by contacting the EEO manager for assistance.

___________________________________

Joyce L. Connery

Chair