No FEAR ActNo FEAR ActP.L. 107-174P.L. 107-174
15 May 200215 May 2002
NoNotificationtification and and FFederalederal EEmployeemployee AAnti-discriminationnti-discrimination &&
RRetaliationetaliation
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).
No FEARNo FEAR
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.
Equal Opportunity and Equal Opportunity and TreatmentTreatment
Increased Combat CapabilityC
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leAFSO21 and Equal Opportunity is a natural partnership
The U.S. Air Force of the The U.S. Air Force of the 21st Century21st 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.
The U.S. Air Force of the The U.S. Air Force of the 21st Century21st Century
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.
Zero ToleranceZero Tolerance
Why No FEAR?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.
No FEAR OverviewNo FEAR Overview
Effective date of Act was 1 October 2003Effective date of Act was 1 October 2003 Title ITitle I
Background and PurposeBackground and Purpose Title IITitle II
Agency RequirementsAgency Requirements Rulemaking by OPMRulemaking by OPM
Title IIITitle III Posting RequirementsPosting Requirements
Rulemaking by EEOCRulemaking by EEOC
Enforcing Federal Agency Compliance and Accountability
Title ITitle ICongressional Findings:Congressional Findings:
Agencies cannot run Agencies cannot run effectively if discrimination effectively if discrimination is practiced or toleratedis practiced or tolerated
Evidence points to chronic Evidence points to chronic problems of discrimination problems of discrimination and relation against and relation against federal employeesfederal employees
Notification of Notification of discrimination and discrimination and Whistleblower laws should Whistleblower laws should increase agency increase agency compliancecompliance
Annual Reports to Annual Reports to Congress should improve Congress should improve oversightoversight
Payments for Payments for discrimination and discrimination and Whistleblower judgments Whistleblower judgments and settlements should and settlements should improve agency improve agency accountabilityaccountability
Title II-RequirementsTitle II-Requirements
Reimbursement Requirements:Reimbursement Requirements:
Federal agency must reimburse the Judgment Federal agency must reimburse the Judgment Fund of the Treasury for any Federal district Fund of the Treasury for any Federal district court judgments, awards, and compromise court judgments, awards, and compromise settlements made to Federal employees, settlements made to Federal employees, former Federal employees or applicants as a former Federal employees or applicants as a result of violations or alleged violations of result of violations or alleged violations of Federal discrimination laws, Whistleblower Federal discrimination laws, Whistleblower protection laws and/or retaliation claims protection laws and/or retaliation claims arising from the assertion of rights under arising from the assertion of rights under these laws.these laws.
Written Notification and Written Notification and Training RequirementTraining Requirement
Federal employees, former Federal employees Federal employees, former Federal employees and applicants for Federal employment must and applicants for Federal employment must be provided with their rights and protections be provided with their rights and protections in connection with the respective provisions of in connection with the respective provisions of law covered under the No Fear Act.law covered under the No Fear Act.
Written notifications of rights and protections Written notifications of rights and protections of Federal employees must be posted on the of Federal employees must be posted on the agency’s Website.agency’s Website.
Agencies must conduct training to its Federal Agencies must conduct training to its Federal employees about these rights and protections.employees about these rights and protections.
Title III Posting RequirementsTitle III Posting Requirements
Federal agencies must post on its public Federal agencies must post on its public website, summary statistical data relating website, summary statistical data relating to equal employment opportunity to equal employment opportunity complaints filed with the agency.complaints filed with the agency.
The Equal Employment Opportunity The Equal Employment Opportunity Commission will post on its public website, Commission will post on its public website, summary statistical data relating to summary statistical data relating to hearings and appeals requested on hearings and appeals requested on complaints with the agency.complaints with the agency.
Title VII of the Civil Rights ActTitle VII of the Civil Rights Act
• Race, Color, Sex, National Origin, Religion, RetaliationRace, Color, Sex, National Origin, Religion, Retaliation Age Discrimination in Employment Act (ADEA)Age Discrimination in Employment Act (ADEA)
• 40 years of age or older, Retaliation40 years of age or older, Retaliation Rehabilitation Act (and Americans w/ Disabilities Act)Rehabilitation Act (and Americans w/ Disabilities Act)
• Disability, Accommodation, RetaliationDisability, Accommodation, Retaliation Fair Labor Standards Act (FLSA)Fair Labor Standards Act (FLSA) Equal Pay Act (EPA)Equal Pay Act (EPA)
• Equal Pay for Equal Work, RetaliationEqual Pay for Equal Work, Retaliation
Civil Rights Laws prohibit discrimination and retaliation
Overview of EEO and Overview of EEO and Whistleblower Laws:Whistleblower Laws:
Overview of EEO and Overview of EEO and Whistleblower Laws: Whistleblower Laws: Cont.Cont.
Prohibited Personnel Practices Prohibited Personnel Practices StatuteStatute
• EEO DiscriminationEEO Discrimination• Marital and Parental StatusMarital and Parental Status• Sexual OrientationSexual Orientation• Political AffiliationPolitical Affiliation
Whistleblower Protection ActWhistleblower Protection Act• Protected disclosure regarding Protected disclosure regarding fraud, fraud, waste, abuse or gross waste, abuse or gross mismanagement mismanagement
Other Laws and Policies that prohibit discrimination and reprisal
Employee ProtectionsEmployee Protections
Federal agencies cannot discriminate against an Federal agencies cannot discriminate against an
employee or applicant with respect to the terms, employee or applicant with respect to the terms,
conditions or privileges of employment on the-basis conditions or privileges of employment on the-basis
of race, color, religion, sex, national origin, age, of race, color, religion, sex, national origin, age,
disability, marital and parental status, sexual disability, marital and parental status, sexual
orientation or political affiliation. orientation or political affiliation.
Avenues of RedressAvenues of Redress
If you believe that you have been the victim of unlawful If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, discrimination on the basis of race, color, religion, sex,
age, national origin, disability or reprisal for participating age, national origin, disability or reprisal for participating
or supporting Equal Employment Opportunity (EEO) laws, or supporting Equal Employment Opportunity (EEO) laws,
you must contact an EEO counselor within 45 calendar you must contact an EEO counselor within 45 calendar
days of the alleged discriminatory action, or, in the case days of the alleged discriminatory action, or, in the case
of a personnel action, within 45 calendar days of the of a personnel action, within 45 calendar days of the
effective date of the action, before you can file a formal effective date of the action, before you can file a formal
complaint of discrimination with the Air Force. complaint of discrimination with the Air Force.
Avenues of RedressAvenues of Redress
If you are alleging discrimination based on marital If you are alleging discrimination based on marital
status or political affiliation, you may file a written status or political affiliation, you may file a written
complaint with the U.S. Office of Special Counsel (OSC) complaint with the U.S. Office of Special Counsel (OSC)
(see contact information later). Alternatively (or in (see contact information later). Alternatively (or in
some cases, in addition), you may pursue a some cases, in addition), you may pursue a
discrimination complaint by filing a grievance through discrimination complaint by filing a grievance through
installation's administrative or negotiated grievance installation's administrative or negotiated grievance
procedures, if such procedures apply and are available.procedures, if such procedures apply and are available.
Anti Harassment PolicyAnti Harassment Policy
Harassment includes unwelcome conduct, Harassment includes unwelcome conduct,
whether verbal, physical or visual, which creates whether verbal, physical or visual, which creates
an intimidating, offensive or hostile work an intimidating, offensive or hostile work
environment or that unreasonably interferes with environment or that unreasonably interferes with
job performance. job performance.
Sexual HarassmentSexual Harassment
Sexual harassment deserves special mention. Sexual Sexual harassment deserves special mention. Sexual
harassment includes one or more unwelcome sexual harassment includes one or more unwelcome sexual
advances, request for sexual favors, or other unwelcome advances, request for sexual favors, or other unwelcome
physical, verbal or visual conduct of a sexual nature where:physical, verbal or visual conduct of a sexual nature where:
(1) submission to or rejection of such conduct is made (1) submission to or rejection of such conduct is made
either explicitly or implicitly a term or condition of either explicitly or implicitly a term or condition of
employment; employment;
Sexual Harassment Sexual Harassment cont.cont.
(2) submission to or rejection of such conduct by an individual (2) submission to or rejection of such conduct by an individual
is used as a basis for career or employment decisions is used as a basis for career or employment decisions
affecting that individual; or affecting that individual; or
(3) such conduct has the purpose or effect of unreasonably (3) such conduct has the purpose or effect of unreasonably
interfering with a reasonable individual's work performance interfering with a reasonable individual's work performance
or creates an intimidating, hostile or offensive work or creates an intimidating, hostile or offensive work
environment.environment.
Whistleblower Protection Whistleblower Protection LawsLaws
A Federal employee with authority to take, direct others A Federal employee with authority to take, direct others to take, recommend or approve any personnel action to take, recommend or approve any personnel action must not use that authority to take or fail to take, or must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action threaten to take or fail to take, a personnel action
against an employee or applicant because of disclosure against an employee or applicant because of disclosure of information by that individual that is reasonably of information by that individual that is reasonably
believed to evidence violations of law, rule or regulation; believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse gross mismanagement; gross waste of funds; an abuse
of authority; or a substantial and specific danger to of authority; or a substantial and specific danger to public health or safety, unless disclosure of such public health or safety, unless disclosure of such
information is specifically prohibited by law and such information is specifically prohibited by law and such information is specifically required by Executive order to information is specifically required by Executive order to be kept secret in the interest of national defense or the be kept secret in the interest of national defense or the
conduct of foreign affairs.conduct of foreign affairs.
Avenue of RedressAvenue of Redress
If you believe that you have been the victim of If you believe that you have been the victim of
whistleblower retaliation, you may file a written whistleblower retaliation, you may file a written
complaint (Form OSC-11) with the U.S. Office of complaint (Form OSC-11) with the U.S. Office of
Special Counsel at 1730 M Street NW., Suite 218, Special Counsel at 1730 M Street NW., Suite 218,
Washington, DC 20036-4505 or online through the Washington, DC 20036-4505 or online through the
OSC Web site -- OSC Web site -- www.osc.govwww.osc.gov..
Disciplinary ActionsDisciplinary Actions
Under the existing laws, each agency retains the right, Under the existing laws, each agency retains the right,
where appropriate, to discipline a Federal employee where appropriate, to discipline a Federal employee
who has engaged in discriminatory or retaliatory who has engaged in discriminatory or retaliatory
conduct, up to and including removal. Nothing in the conduct, up to and including removal. Nothing in the
No FEAR Act alters existing laws or permits an agency No FEAR Act alters existing laws or permits an agency
to take unfounded disciplinary action against a Federal to take unfounded disciplinary action against a Federal
employee or to violate the procedural rights of a employee or to violate the procedural rights of a
Federal employee who has been accused of Federal employee who has been accused of
discrimination.discrimination.
““What does it mean to What does it mean to me?”me?”
Responsibility and Accountability
It means Accountability to the law has been strengthened;It means Accountability to the law has been strengthened;
It means the Air Force is enhancing its role in being It means the Air Force is enhancing its role in being responsible forresponsible for eradicating discrimination and retaliation in the workplace; eradicating discrimination and retaliation in the workplace;
It means you can expect swift and appropriate action where It means you can expect swift and appropriate action where violationsviolations are substantiated are substantiated
It means you can expect a work environment where you can It means you can expect a work environment where you can perform toperform to your highest potential and contribute to effective your highest potential and contribute to effective government government operations. operations.
It means that each of us have to be responsible and It means that each of us have to be responsible and accountable foraccountable for our actions. our actions.
““What does No FEAR What does No FEAR mean to me?” mean to me?” cont.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,
[email protected]) 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.