Department of the Navy (DON) 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 that DON inform current employees, former employees and
applicants for employment, of the rights and protections available under
Federal antidiscrimination, whistleblower protection and retaliation laws.
Anti-Discrimination 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 your agency. 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 your agency's administrative or negotiated grievance
procedures, if 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.
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, 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.
For further information regarding the No FEAR
Act regulations, refer to 5 CFR 724, as well as the Human Resources Office
servicing your location. Additional information regarding Federal
anti-discrimination, whistleblower protection and retaliation laws can be found
on the EEOC website and the OSC website.