Notification
and Federal Employee Antidiscrimination and Retaliation
Act
(No FEAR)
P.L. 107-174
Background
Notification
and Federal Employee Antidiscrimination and Retaliation
Act (No FEAR) P.L. 107-174 The
No Fear Act reaffirms the strong public policy commitment to
ensure that all Federal employees feel
free to come forward with allegations of discrimination, wrongdoing,
or misconduct, by making sure
that Federal employees are aware of their rights. This law,
signed on May 15, 2002, by President
Bush, aims to
increase the accountability of federal agencies for acts of discrimination and reprisal. The Act
is commonly referred to as the "No
Fear" Act. The law took effect in Fiscal Year 2004, on October 1, 2003.
Requirements
The "No
Fear" Act requires Federal agencies to:
- Notify employees and applicants
for employment on their public website and provide training
for
employees about their rights under the discrimination and
whistleblower laws;
- Post statistical data relating to Federal
sector equal employment opportunity complaints on their
public website;
- Ensure that their managers have adequate
training in the management of a diverse workforce, early
and alternative conflict resolution, and essential communications
skills;
- Conduct studies on the trends and causes
of complaints of discrimination;
- Implement new measures to improve the
complaint process and the work environment;
- Initiate timely and appropriate discipline
against employees who engage in misconduct related to discrimination
or reprisal;
- Reimburse the Treasury Judgment Fund
out of their own budget for settlements and monetary judgments
awarded in discrimination in federal court cases instead
of these payments coming out of the Department of Justice’s
Judgment fund; and
- Submit annual reports of status and progress
to Congress, the Attorney General and the U.S. Equal Employment
Commission on the number of discrimination and retaliation
cases, the disposition of those cases, the cost, and the
number of employees disciplined for discrimination, harassment,
and/or retaliation.
Last Updated:
Monday, February 2, 2004
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