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 No FEAR Act Notification to Employees, Former Employees and Applicants
(01/14/2010)On May 15, 2002, President George W. Bush signed the Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2002, commonly called the "No FEAR Act" into law. This Act, which became effective on October 1, 2003, mandates that Federal Agencies be more accountable for violations of anti-discrimination and whistleblower protection laws.Pursuant to the notification requirements in Section 202 of the "No Fear Act", U.S. Customs and Border Protection publishes this statement to employees, former employees and applicants regarding their rights and protections to be free from unlawful discrimination under Title VII of the Civil Rights Act of 1964, as amended, and prohibited personnel practices under 5 U.S.C. 2302.Title 5, Section 2302 (b) states that any employee who has the authority to take, direct others to take, recommend, or approve any personnel action shall not with respect to such authority:
- Discriminate for or against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
- Retaliate for whistleblowing. No employee or applicant for employment will be retaliated against for any disclosure of information which they reasonably believe evidences: a violation of any law, rule or regulation; gross mismanagement: a gross waste of funds: or a substantial and specific danger to the public health or safety.
- Take or fail to take any personnel action based on an individual's exercise of rights in response to discrimination, retaliation or whistleblowing.
In addition, the No FEAR Act refers to 5 U.S.C. 2302(d) and its provision that employees and applicants for employment have the right to be free from prohibited personnel practices enumerated in 5 U.S.C. 2302 (b)(1), (8) and (9) and that these rights do not "extinguish" or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant under the (1) Civil Rights Law of 1964, (42 U.S.C. 2000e-16), as amended, (2) Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), (3) Rehabilitation Act of 1973 (29 USC 791), (4) the American With Disabilities Act (ADA) of 1990 and section 6(d) of the Fair Labor Standards Act of 1938, (29 U.S.C. 206(d)), prohibiting discrimination on the basis of sex.For more information or a complete list and on Prohibited Personnel Practices and Whistleblower disclosures, click the link U.S. Office of Special Councel on the right under "on the web:."For more information on what to do if you believe that you have been discriminated against in the workplace or employment process, visit the U.S. Equal Employment Opportunity Commission website ( U.S. Equal Employment Opportunity Commission ) or visit the Office of Diversity and Civil Rights (DCR) homepage on the CBP Intranet.
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U.S. Equal Employment Opportunity Commission ) The Office of Personnel Management (OPM) is currently developing regulations implementing the "No Fear Act". |
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