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

on

tin

uo

us

Im

pro

vem

en

t

Res

pec

t fo

r P

eop

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,

Contact.center@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.