U.S. MERIT SYSTEMS PROTECTION BOARD

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 Merit Systems 

Protection Board (MSPB) employees, former MSPB employees and applicants 

for employment with the MSPB, 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 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 MSPB. See, e.g., 29 C.F.R. § 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 MSPB’s administrative or 

negotiated grievance procedures, if such procedures apply. 

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 --

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 or, if applicable, the 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 General Counsel 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).