No Fear Act Notice 

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. One purpose of the Act is to “require that 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 this agency 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 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 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 

your 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 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 your 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. 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 (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 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 above (including, 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 appropriate offices within your agency (e.g., EEO/civil rights 

office, human resources office, or legal office). 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).