Federal Register, Volume 74 Issue 8 (Tuesday, January 13, 2009)

[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1702-1703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-376]


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DEPARTMENT OF HOMELAND SECURITY


No FEAR Act

AGENCY: Office of the Secretary; DHS.

ACTION: Notice.

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SUMMARY: The Department of Homeland Security (DHS) is providing notice 
to all of its employees, former employees, and applicants for 
employment about the rights and remedies that are available to them 
under Federal antidiscrimination laws and whistleblower protection 
laws. This notice satisfies the Department's notification requirements 
under section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 and Office of Personnel 
Management regulations.

FOR FURTHER INFORMATION CONTACT: Stephen Shih, Deputy Officer for Equal 
Employment Opportunity (EEO) Programs, U.S. Department of Homeland 
Security, 245 Murray Lane, SW., Building 410, Washington DC, 20528, by 
telephone at 1-888-644-8360 or by e-mail at civil.liberties@dhs.gov.

SUPPLEMENTARY INFORMATION: The Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002, ``No FEAR Act''), 
Public Law 107-174 (May 15, 2002) was enacted, in part, to ensure that 
federal agencies are accountable for violations of antidiscrimination 
and whistleblower protection laws. Congress expressly found that 
``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Id., Title I, General Provisions, section 
101(1).
    In furtherance of this purpose, section 202 of the No FEAR Act 
requires all Federal agencies to provide written notification to 
Federal employees, former Federal employees and applicants for Federal 
employment to inform them of the rights and protections available under 
applicable Federal antidiscrimination and whistleblower protection 
laws. The Act also requires federal agencies to post the notice on each 
agency's Web site.
    Pursuant to section 202 of the No FEAR Act, DHS is notifying all of 
its employees, former employees, and applicants for employment about 
the rights and remedies that are available to them under applicable 
Federal antidiscrimination laws and whistleblower protection laws. This 
notice will also be posted on DHS's Web site https://www.dhs.gov.

Antidiscrimination Laws

    A Federal agency, including DHS, may not discriminate against an 
employee or applicant for Federal employment 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 a DHS 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

[[Page 1703]]

complaint of discrimination with your agency. See, e.g., 29 CFR part 
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 calendar days of 
the alleged discriminatory action. If you are alleging discrimination 
based on sexual orientation, marital status, protected genetic 
information or political affiliation, you may (a) File a written 
complaint with the U.S. Office of Special Counsel (OSC) (see contact 
information below) or (b) pursue a discrimination complaint by 
contacting a DHS Equal Employment Opportunity (EEO) counselor within 45 
calendar days of the alleged discriminatory action or (c) file a 
grievance through the DHS administrative or negotiated grievance 
procedures, if such procedures apply and are available.

Whistleblower Protection Laws

    A Federal employee--including a DHS 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 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--http://www.osc.gov.

Retaliation for Engaging in Protected Activity

    A Federal employee, including a DHS employee, may not retaliate 
against an employee or applicant for employment because that individual 
exercises his or her rights under any of the Federal antidiscrimination 
or whistleblower protection 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, DHS retains the right, where appropriate, 
to discipline a Federal employee for conduct that is inconsistent with 
Federal Antidiscrimination and Whistleblower Protection Laws, 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), DHS 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 DHS 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.

Additional Information

    For further information regarding the No FEAR Act regulations, 
refer to 5 CFR Part 724, as well as the DHS Office for Civil Rights and 
Civil Liberties. Additional information regarding Federal 
antidiscrimination, whistleblower protection and retaliation laws can 
be found at the EEOC Web site--http://www.eeoc.gov and the OSC Web 
site--http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the Act nor 
this notice creates, expands or reduces any rights otherwise available 
to any employee, former employee or applicant under the laws of the 
United States, including the provisions of law specified in 5 U.S.C. 
2302(d).

Daniel W. Sutherland,
Officer for Civil Rights and Civil Liberties.
[FR Doc. E9-376 Filed 1-12-09; 8:45 am]
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