Bruce Hamilton, Chairman

Jessie H. Roberson

Joyce L. Connery

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD 

Washington, DC 20004-2901

August 1, 2019 

No FEAR Act Notice

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

otherwise 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 found in passing the No FEAR Act 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 also requires Federal agencies, like the DNFSB, 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 on the basis of race, 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); 5 U.S.C. 

§§ 7101-7135; 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.; E.O. 11478; E.O. 13087; E.O. 13145; E.O. 

13152; E.O. 13672.

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

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.

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). 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-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: 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 the 

Antidiscrimination Laws and Whistleblower Protection Laws sections. 

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. 

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 CFR 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 the DNFSB's policy to prohibit employment 

discrimination and interference or retaliation when protected disclosures are made. 

I have assigned the Director of EEO joint responsibility for ensuring the 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 Director of EEO for assistance. 

~l~ Bruce Hamilton 

Chairman