No FEAR Act Notice 

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

Retaliation Act of 2002," 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 the FRTIB to provide this notice to federal employees, former federal 

employees and applicants for federal employment to inform them of the rights and protections 

available under federal antidiscrimination and whistleblower protection laws. In addition, the Act 

requires agencies to train all of its employees about the rights and remedies available to them under 

applicable antidiscrimination and whistleblower 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 or the EEO Office 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 FRTIB. 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 contact either an EEO 

counselor or the EEO Office 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, to the extent that 

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--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 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 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).