No FEAR Act of 2009

Bill: 111-hr-67
Sponsor: Rep. Jackson-Lee, Sheila [D-TX-18]
Introduced: 2009-01-06 in the House
Policy area: Government Operations and Politics
Subjects: Civil actions and liability
Congressional operations and organization
Criminal investigation, prosecution, interrogation
Employment and training programs
Employment discrimination and employee rights
Evidence and witnesses
Fraud offenses and financial crimes
Government Accountability Office (GAO)
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government information and archives
Government liability
Government trust funds
Performance measurement
Public contracts and procurement
Worker safety and health

Summary:
action_date: 2009-01-06
text: 
Notification and Federal Employee Antidiscrimination and Retaliation Act of 2009 or the No FEAR Act of 2009 - Amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, or No FEAR Act of 2002, to require a federal agency, after receiving a final finding of discrimination, to arrange with the Department of the Treasury for a two-year schedule for reimbursing the Judgment Fund for its payment to a federal employee, former federal employee, or applicant for federal employment who has prevailed in an anti-discrimination or whistle blower protection complaint.

Requires a federal agency to: (1) give written notification of the federal employee rights and protections available to any employee of a contractor receiving more than half of its annual gross revenues from federal contracts; and (2) notify its employees annually of the agency's Internet site.

Directs the Government Accountability Office (GAO) to report annually to specified congressional and executive entities on the total costs incurred for processing and litigating cases involving prohibited personnel practices.

Requires each federal agency to establish performance goals reflective of its efforts to implement such Act.

Specifies the No FEAR Institute as a source of training and counseling for federal employees regarding their rights and remedies under antidiscrimination, retaliation, and harassment, as well as whistleblower protection laws.

Prescribes disciplinary action an agency must take against a culpable official in: (1) a case in which the official's discriminatory or retaliatory acts have contributed to a loss of life or limb or any other substantial diminishment of an employee's mental or physical health; or (2) other cases of discrimination.

Prescribes monetary penalties for each week an agency failed to take action against employees who falsify evidence in a proceeding under Title VII of the Civil Rights Act of 1964.

Requires the Equal Employment Opportunity Commission (EEOC) and any agency that becomes aware of a criminal violation to refer the matter to the Department of Justice for prosecution when agency officials are found liable for intimidating or harassing employees that testify before Congress.

Directs the Comptroller General to ensure that a No FEAR Oversight Office is created within GAO.

Sets the liability limits for federal workplace discrimination cases under Title VII at $300,000 per each claim or alleged violation.


Legislative actions:
action_date: 2009-02-09
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2009-01-06
text: Referred to House Judiciary
action_date: 2009-01-06
text: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-01-06
text: Referred to House Oversight and Government Reform
action_date: 2009-01-06
text: Introduced in House
action_date: 2009-01-06
text: Introduced in House