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No Fear Act Policy

By law, NIST employees are required to receive notification of the following information. For further information, contact Mirta-Marie M. Keys, Director, NIST Civil Rights and Diversity Division, 301-975-2042. Read the 508 compliant training.

The Notification of Federal Employees Anti-Discrimination and Retaliation Act, (No FEAR Act), (Public Law No. 107-174) became effective on October 1, 2003. The intent of the Act is to help ensure that federal agencies:

  • work more expeditiously toward the resolution of complaints at the lowest possible level;

  • publish on their Web sites statistical data relating to equal employment opportunity filed against them, under 29 C.F.R Part 1614; and

  • exercise greater accountability for violations of anti-discrimination and whistleblower protection laws.

  • The No FEAR Act requires Federal agencies, including the Department of Commerce and its bureaus, to:

  • notify employees and applicants for employment about their rights under the anti-discrimination and whistleblower protection laws;

  • ensure that managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;

  • provide staff members with training that addresses their rights and protections under the Act;

  • initiate timely and appropriate discipline against employees, including managers and supervisors, who engage in misconduct relating to discrimination or reprisal;

  • conduct studies on trends and causes of complaints of discrimination;

  • require agencies that lose or settle discrimination or whistleblower cases to pay judgments out of their budgets. Those payments are currently paid out of a general federal judgment fund.

NIST Civil Rights and Diversity Division (CRDD) Compliance:

Pursuant to the No FEAR Act, the NIST CRDD has posted data pertaining to complaints of employment discrimination initiated by NIST employees, former employees, and applicants for employment under 29 C.F.R. In addition a link has been established to the Department of Commerce (DOC) Office of Civil Rights where data on formal NIST complaints have been posted: http://www.osec.doc.gov/ocr/nofear/nofear.htm.

Complaints of alleged discrimination or reprisal:

Individuals who believe they have been subjected to prohibited discrimination or retaliation because of their participation in a protected EEO activity should contact a NIST EEO Counselor, or the NIST Civil Rights and Diversity Division within 45 calendar days of the date that they believe discrimination took place, or within 45 calendar days of the date they learned or should have learned of the alleged act of discrimination. Contact information for EEO Counseling is posted throughout both NIST campuses and on the NIST CRDD web page.

Whistleblowing and Prohibited Personnel Practices:

Additional information on Prohibited Personnel Practices can be obtained by contacting the U.S. Office of Special Counsel at www.osc.gov or 1-800-872-9855 or Hearing and Speech Disabled: Federal Relay Service at 1-800-872-9855.

Distribution: NIST Wide
Inquiries: Mirta-Marie M. Keys, Director, NIST Civil Rights and Diversity Division, 301-975-2042 or keys@nist.gov
Effective Date: MARCH 1, 2007
Expiration: Until superceded