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.” Pub. L. 107-174, 

Summary. In support of this purpose, Congress found that “agencies cannot be run 

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

General Provisions, Section 101(1). 

The Act also requires NASA to provide this notice to all NASA employees, former 

NASA employees and applicants for Federal employment at NASA 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 

NASA. 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 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 NASA’s administrative or 

negotiated grievance procedures. 

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 -- 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 protections 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, NASA retains the right, where appropriate, to discipline a 

NASA 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, NASA is required under 5 U.S.C. 1214(f), to obtain 

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 NASA to take unfounded disciplinary action against a NASA employee or to 

violate the procedural rights of a NASA employee who has been accused of 

discrimination. 

Additional Information

For further information regarding the No FEAR Act regulations, refer to 5 CFR 724. 

You may also contact NASA’s Office of Diversity and Equal Opportunity (ODEO) at 

(202) 358-2167, or access NASA’s Office of the Inspector General (OIG) Web site at 

http://www.hq.nasa.gov/office/oig/hq/. Additional information regarding Federal 

antidiscrimination, whistleblower protection and retaliation laws can be found at the 

EEOC Web site -- www.eeoc.gov and the OSC Web site -- 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).