1

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

NO FEAR ACT NOTICE

On May 15, 2002, Congress enacted the “Notification and Federal Employee 

Antidiscrimination and Retaliation Act of 2002,” Public Law 107-174, 116 Stat. 566, 

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, gender identity, pregnancy, national origin, genetic information, 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., 42 

U.S.C. 2000ff. 

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. At the Commission, you must contact the EEO 

Director within the 45 day limit, who will arrange for an EEO counselor to notify you. If 

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

you must either contact the EEO Director 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, sexual orientation, or political affiliation, you may file a written complaint with 

the U.S. Office of Special Counsel (OSC) at 1730 M Street, NW, Suite 218, Washington, 

D.C. 20036-4505. Refer to the OSC Website, https:www.osc.gov, for further 

information. 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. 
2

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 Website–https://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. 
3

Additional Information 

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

Part 724, as well as the office of the EEO Director within your agency. 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 provision of law 

specified in 5 U.S.C. 2302(d). 

FOR FURTHER INFORMATION CONTACT: 

Michelle Williams EEO Director

Telephone (202) 434-9961

Email mwilliams@fmshrc.gov

Leslie Bayless

Telephone (202) 434-9941

Email lbayless@fmshrc.gov

Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue, NW, 

Suite 520N, Washington, DC 20004-1710, telephone 202-434-9961