[Federal Register: July 1, 2008 (Volume 73, Number 127)]

[Notices] 

[Page 37421-37422] 

From the Federal Register Online via GPO Access [wais.access.gpo.gov] 

[DOCID:fr01jy08-28] 

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DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

 

No FEAR Act 

AGENCY: Defense Nuclear Facilities Safety Board. 

ACTION: Notice. 

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SUMMARY: The Defense Nuclear Facilities Safety Board (Board) is 

providing notice to its employees, former employees, and applicants for 

federal employment about the rights and remedies available to them 

under the Federal antidiscrimination, whistleblower protection, and 

retaliation laws. This notice fulfills the Board's initial notification 

obligation under the Notification and Federal Employees 

Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by 

Office of Personnel Management (OPM) regulations at 5 CFR part 724. 

DATES: This notice is effective July 1, 2008. 

FOR FURTHER INFORMATION CONTACT: Richard A. Azzaro, General Counsel, 

Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 

700, Washington, DC 20004. Telephone: (202) 694-7062. FAX: (202) 208- 

6518. 

SUPPLEMENTARY INFORMATION: 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. See Pub. L. 107- 

174, codified at 5 U.S.C. 2301 note. As stated in the full title of the 

Act, the Act is intended to “require that 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. 

Pub. L. 107-174, section 101(1). 

 The Act also requires the Board to provide this notice to federal 

employees, former federal employees and applicants for federal 

employment to inform them of the rights and protections available under 

Federal antidiscrimination and whistleblower protection 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, age, disability, marital status, or political affiliation, 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 Board. 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 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) (see contact information below). 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 

 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 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. 

[[Page 37422]] 

 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 

(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 that individual exercises his or her rights under any of the 

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 Antidiscrimination Laws and Whistleblower 

Protection Laws or, if applicable, administrative or negotiated 
grievance procedures in order to pursue any legal remedy. 

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. 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. 

Additional Information 

 For further information regarding the No FEAR Act regulations, 

refer to 5 CFR part 724, as well as the Board's EEO Director or 

Counselors. 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 the 

United States, including the provisions of law specified in 5 U.S.C. 

2302(d). 

A.J. Eggenberger, 

Chairman. 

[FR Doc. E8-14848 Filed 6-30-08; 8:45 am] 

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