No FEAR Act P.L. 107-174 15 May 2002

1
No FEAR ActP.L. 107-17415 May 2002
Notification and Federal Employee
Anti-discrimination Retaliation
2
No FEAR
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. 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).
3
Equal Opportunity and Treatment
It is the policy of the Government of the United
States to provide equal opportunity in federal
employment regardless of race, color, religion,
sex (to include sexual harassment), age, national
origin, and physical or mental disability, and to
promote the full realization of equal employment
opportunity through a continuing affirmative
program in each executive department and agency.
The policy of equal employment opportunity
applies to, and must be an integral part of every
aspect of personnel policy and practice in the
employment, development, advancement, and
treatment of civilian employees of the Federal
Government.
4
The U.S. Air Force of the 21st Century
Increased Combat Capability
Respect for People
Continuous Improvement
AFSO21 and Equal Opportunity is a natural
partnership
5
The U.S. Air Force of the 21st Century
No matter what our background, where we live, or
when we started our careers in the AF, we have
one huge thing in common - - - - The MISSION.
We cannot afford to let Equal Opportunity or
Retaliation issues impede our operations or
mission imperatives. Our Equal Opportunity
posture directly contributes to the AFSO21 pillar
of Respect for our People. The Air Force of the
21st Century will be leaner and more diverse and
respect will be what sees our people through the
difficult times. Respect for ourselves will
ensure our SERVICE to others.
6
Zero Tolerance

• The Air Force is committed to providing a work
  environment where military members and civilian
  employees are treated with respect and dignity.
  Harassment of any person based on race, color,
  sex, religion, national origin, age, disability,
  reprisal or any other category protected by law
  or policy will not be tolerated. Harassment by
  anyone, including harassment by any manager,
  supervisor, work leader, co-worker, or contractor
  is strictly prohibited. Violators face the
  possibility of removal from employment or other
  appropriate disciplinary action.

7
Why No FEAR?
The Bottom Line Congressional action through the
No FEAR Act places emphasis on improved
government performance through enforcement,
compliance, and accountability with existing
employment discrimination, whistleblower, and
retaliation prohibitions.
8
No FEAR Overview

• Effective date of Act was 1 October 2003
• Title I
• Background and Purpose
• Title II
• Agency Requirements
• Rulemaking by OPM
• Title III
• Posting Requirements
• Rulemaking by EEOC

Enforcing Federal Agency Compliance and
Accountability
9
Title ICongressional Findings

• Agencies cannot run effectively if discrimination
  is practiced or tolerated
• Evidence points to chronic problems of
  discrimination and relation against federal
  employees
• Notification of discrimination and Whistleblower
  laws should increase agency compliance

• Annual Reports to Congress should improve
  oversight
• Payments for discrimination and Whistleblower
  judgments and settlements should improve agency
  accountability

10
Title II-Requirements

• Reimbursement Requirements
• Federal agency must reimburse the Judgment Fund
  of the Treasury for any Federal district court
  judgments, awards, and compromise settlements
  made to Federal employees, former Federal
  employees or applicants as a result of violations
  or alleged violations of Federal discrimination
  laws, Whistleblower protection laws and/or
  retaliation claims arising from the assertion of
  rights under these laws.

11
Written Notification and Training Requirement

• Federal employees, former Federal employees and
  applicants for Federal employment must be
  provided with their rights and protections in
  connection with the respective provisions of law
  covered under the No Fear Act.
• Written notifications of rights and protections
  of Federal employees must be posted on the
  agencys Website.
• Agencies must conduct training to its Federal
  employees about these rights and protections.

12
Title III Posting Requirements

• Federal agencies must post on its public website,
  summary statistical data relating to equal
  employment opportunity complaints filed with the
  agency.
• The Equal Employment Opportunity Commission will
  post on its public website, summary statistical
  data relating to hearings and appeals requested
  on complaints with the agency.

13
Overview of EEO and Whistleblower Laws

• Title VII of the Civil Rights Act
• Race, Color, Sex, National Origin, Religion,
  Retaliation
• Age Discrimination in Employment Act (ADEA)
• 40 years of age or older, Retaliation
• Rehabilitation Act (and Americans w/
  Disabilities Act)
• Disability, Accommodation, Retaliation
• Fair Labor Standards Act (FLSA)
• Equal Pay Act (EPA)
• Equal Pay for Equal Work, Retaliation

Civil Rights Laws prohibit discrimination and
retaliation
14
Overview of EEO and Whistleblower Laws Cont.

• Prohibited Personnel Practices Statute
• EEO Discrimination
• Marital and Parental Status
• Sexual Orientation
• Political Affiliation
• Whistleblower Protection Act
• Protected disclosure regarding fraud, waste,
  abuse or gross mismanagement

Other Laws and Policies that prohibit
discrimination and reprisal
15
Employee Protections

• Federal agencies 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 and parental
  status, sexual orientation or political
  affiliation.

16
Avenues of Redress

• If you believe that you have been the victim of
  unlawful discrimination on the basis of race,
  color, religion, sex, age, national origin,
  disability or reprisal for participating or
  supporting Equal Employment Opportunity (EEO)
  laws, you must contact an 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 the Air Force.

17
Avenues of Redress

• 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
  later). Alternatively (or in some cases, in
  addition), you may pursue a discrimination
  complaint by filing a grievance through
  installation's administrative or negotiated
  grievance procedures, if such procedures apply
  and are available.

18
Anti Harassment Policy

• Harassment includes unwelcome conduct, whether
  verbal, physical or visual, which creates an
  intimidating, offensive or hostile work
  environment or that unreasonably interferes with
  job performance.

19
Sexual Harassment

• Sexual harassment deserves special mention.
  Sexual harassment includes one or more unwelcome
  sexual advances, request for sexual favors, or
  other unwelcome physical, verbal or visual
  conduct of a sexual nature where
• (1) submission to or rejection of such conduct
  is made either explicitly or implicitly a term
  or condition of employment

20
Sexual Harassment cont.

• (2) submission to or rejection of such conduct by
  an individual is used as a basis for career or
  employment decisions affecting that individual
  or
• (3) such conduct has the purpose or effect of
  unreasonably interfering with a reasonable
  individual's work performance or creates an
  intimidating, hostile or offensive work
  environment.

21
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.

22
Avenue of Redress

• 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 -- www.osc.gov.

23
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.
  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.

24
What does it mean to me?

• It means Accountability to the law has been
  strengthened
• It means the Air Force is enhancing its role
  in being responsible for eradicating
  discrimination and retaliation in the workplace
• It means you can expect swift and appropriate
  action where violations are substantiated
• It means you can expect a work environment
  where you can perform to your highest
  potential and contribute to effective government
  operations.
• It means that each of us have to be
  responsible and accountable for our actions.

Responsibility and Accountability
25
What does No FEAR mean to me? cont.
All personnel have the responsibility to make
these anti-discrimination/harassment laws and
policies effective. Personnel should IMMEDIATELY
report all violations to (1) their supervisor
(2) another supervisor within their chain of
command and/or (3) (for discrimination) EEO
counselor or the HQ AFPC Complaint Hotline
(1-800-616-3775 option 8, Contact.center_at_randolph.
af.mil) or (for whistleblowers) U.S. Office of
Special Counsel (OSC). Do not wait for the
conduct to become severe or pervasive instead,
report it as early as possible. No one is exempt
from these laws and/or policies.
26

10 QUESTIONS and ANSWERS!
27
Question 1. Name a primary purpose of the No
Fear Act

• a. To put fear in to Federal agencies by
  requiring payments for discrimination and
  Whistleblower judgments and settlements.
• To harass Federal agencies into complying with
  antidiscrimination and whistleblower protected
  laws.
• To require that Federal agencies be
  accountable for violations of antidiscrimination
  and whistleblower protection laws.
• d. None of the above

28
Question 2 Name three of the bases prohibited
by Title VII of the Civil Rights Act of 1964, as
amended by 1972

• Race, color and sexual orientation
• Race, religion and sex
• Color, national origin and retaliation
• B and c
• e. All of the above

29
Question 3 The legislative act which provides
that all personnel actions must be free from any
discrimination because of disability

• a. The Civil Rights Act of 1991.
• The Rehabilitation Act of 1973.
• The Equal Accommodations Act of 1976
• d. The Civil Service Reform Act of 1978

30
Question 4 The Whistleblower Protection Act
of 1989 protects employees from retaliation for
making complaints disclosing waste, abuse, or
gross mismanagement

TRUE or FALSE
31
Question 5 In most instances, if you believe
that you have been the victim of unlawful
discrimination on the basis of race, religion,
sex, age, national origin, disability or reprisal
for participating or supporting Equal Employment
Opportunity (EEO) laws, you must contact an EEO
Counselor within _____ days.

• 30 duty
• 15 duty
• 45 calendar
• 60 calendar

32
Question 6 When applicants or employees
believe that a prohibited personnel practice has
been committed against the constitutes
discrimination based upon sexual orientation,
they may seek assistance from their

• EEO Office
• IG Office
• JAG Office
• Personnel Office

33
Question 7 To make these anti-discrimination
/harassment laws and policies effective,
personnel

• Must IMMEDIATELY report all violations to their
  supervisor and/or chain of command.
• Should IMMEDIATELY report all violations to their
  supervisor and or another supervisor within their
  chain of command.
• Must IMMEDIATELY report all violations to their
  local personnel office.
• None of the above.

34
Question 8 If you believe that you have been
the victim of whistleblower retaliation, you may

• File a written complaint with the U.S. Office of
  Special Counsel.
• Contact your local Inspector General Office.
• Contact your local EEO Office.
• A and b
• All of the above

35
Question 9 An Agency must pay out of its own
budget to reimburse the judgment fund all costs
associated with losing settling a complaint of
discrimination

• TRUE or FALSE

36
Question 10 Name at least one of Congress
major findings in support of requiring Federal
agencies to be accountable for violations of
antidiscrimination and whistleblower protection
laws

• Agencies cannot be run effectively if those
  agencies practice or tolerate discrimination.
• Evidence points to chronic problems of
  discrimination and relations against federal
  employees.
• Payments for discrimination and Whistleblower
  judgments and settlements may not improve agency
  accountability.
• A and b
• All of the above