Form FMC-2 UNITED STATES GOVERNMENT FEDERAL MARITIME COMMISSION

 (Rev. 07-89)

 Memorandum

TO: All Employees DATE: May 3, 2023

FROM: Chairman Daniel B. Maffei

SUBJECT: Notice of Rights and Protections Available under Federal Antidiscrimination, Whistleblower Protection and 

Retaliation laws

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-

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, 

whistleblower protection, and retaliation laws.

Antidiscrimination Laws

A Federal agency cannot discriminate against an employee or applicant for employment with respect to the terms, 

conditions, or privileges of employment on the basis of race, color, sex (including pregnancy, sexual orientation, gender 

identity, and gender stereotyping), national origin, religion, age (40 years and older), disability (physical and/or mental), 

genetic information, marital status, political affiliation and/or reprisal for opposing discrimination or engaging in protected 

activity. 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), 631, 633a, and 791, 42 U.S.C. § 2000e-16, and 42 U.S.C. § 2000ff et seq.

If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national 

origin, disability, genetic information or reprisal, 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 agency. See 29 C.F.R. § 

1614.105(a)(1).

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). 

The Office of Equal Employment Opportunity (OEEO) is available for questions or concerns about anti-discrimination 

statutes. To contact an EEO Counselor or for further information about the FMC’s policy or to obtain technical advice on 

anti-discrimination and other EEO-related matters, please contact the OEEO at (202) 523-5859 or email eeo@FMC.gov. 

The OEEO also provides alternative dispute resolution services for all workplace disputes. 
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 

for employment because of protected disclosure. A protected disclosure is a 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 employment 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 N.W., Suite 218, Washington, DC 20036-4505, or online 

through the OSC website (external link).

Retaliation for Engaging in Protected Activity

A Federal agency cannot retaliate against an employee or applicant for employment because that individual exercises their

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 of this document or, if applicable, the administrative 

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 who has engaged 

in discriminatory or retaliatory conduct, 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 C.F.R. Part 724, as well as the appropriate offices

within the Commission (e.g., the OEEO or Office of Human Resources). FMC’s specific antidiscrimination policies relating 

to equal employment opportunity have been electronically posted on the FMC website. Additional information regarding 

Federal antidiscrimination, whistleblower protection, prohibited personnel practices and retaliation laws can be found at 

the EEOC website (external link) and the OSC website (external link).

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 for employment under the laws of the United States, including the 

provisions of law specified in 5 U.S.C. § 2302(d).