Friday, October 19, 2007

The No FEAR Act of 2002

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (also known as the No FEAR Act) was signed by President George W. Bush on May 15, 2002. The No FEAR Act requires that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws and requires that each Federal agency post on its web site certain statistical data relating to Federal sector equal employment opportunity complaints filed against the agency.

The Findings of the 107th Congress under the No FEAR Act included the determinations that Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination and that Congressional testimony from individuals, including representatives of the National Association for the Advancement of Colored People and the American Federation of Government Employees, pointed to chronic problems of discrimination and retaliation against Federal employees.

Federal agencies have specific obligations under the No FEAR Act, including:

--An agency must provide annual notice to its employees, former employees, and applicants for Federal employment concerning the rights and remedies applicable to them under the employment discrimination and whistleblower protection laws;

--At least every two years, an agency must provide training to its employees, including managers, regarding the rights and remedies available under the employment discrimination and whistleblower protection laws; and

--An agency must submit to Congress, EEOC, the Department of Justice, and OPM, an annual report setting forth information about the agency's efforts to improve compliance with the employment discrimination and whistleblower protection laws and detailing the status of complaints brought against the agency under these laws.

For the full text of the NO FEAR Act, you can visit the Government Printing Office web site link at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ174.107.pdf

For more general information about the NO FEAR Act, take a look at the EEOC’s No Fear Act Question and Answer Sheet at http://www.eeoc.gov/stats/nofear/qanda.html.

To see No Fear Data on Federal Agency web sites, take a look at the EEOC web page: http://www.eeoc.gov/stats/nofear/nofear_urls.html for links to many agencies.

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