No FEAR Act Notice, 66802-66803 [E6-19291]

Agencies

• National Credit Union Administration

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Pages 66802-66803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19291]


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NATIONAL CREDIT UNION ADMINISTRATION


No FEAR Act Notice

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice.

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SUMMARY: The NCUA is providing to its employees this notice of employee 
rights and protections under the Notification and Federal Employees 
Antidiscrimination and Retaliation Act of 2002 (the No FEAR Act).

DATES: The NCUA is required to provide initial notice to employees by 
November 17, 2006, and at the end of each successive fiscal year. The 
NCUA must also provide the notice to new employees within 90 calendar 
days of entering duty.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Annette Tapia, Staff Attorney, Office of General Counsel, at (703) 518-
6556, or Chrisanthy Loizos, Director, Equal Opportunity Programs, at 
(703) 518-6326.

SUPPLEMENTARY INFORMATION: The No FEAR Act requires that each federal 
agency provide public notification of its initial No FEAR Act Notice to 
employees. This notice provides employees, former employees and 
applicants further notification of the rights and remedies available to 
them under the antidiscrimination laws and whistleblower protection 
laws.

    By the National Credit Union Administration Board on November 7, 
2006.
Mary Rupp,
Secretary of the Board.

    For the reasons discussed above, NCUA is issuing the No FEAR Act 
notice to its employees, former employees, and applicants as follows:

No FEAR Act Notice

    On May 15, 2002, Congress enacted 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.'' 
No FEAR Act, 107 P. L. 174, 116 Stat. 566, Summary (2002). In support 
of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Id. at 101(1).
    The Act also requires the NCUA to provide this notice to federal 
employees, former federal employees and applicants for federal 
employment to inform you of the rights and protections available to you 
under federal antidiscrimination and whistleblower protection laws.

Antidiscrimination Laws

    A federal agency cannot discriminate against an employee or 
applicant 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 an Equal Employment Opportunity 
(EEO) counselor within 45 calendar days of the alleged discriminatory 
action. Alternatively, in a personnel action you must contact an EEO 
counselor within 45 calendar days of the effective date of the action, 
before you can file a formal 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 marital status or political affiliation, you 
may file a written complaint with the U.S. Office of Special Counsel 
(OSC) (see contact information below). Alternatively, or in some cases 
additionally, you may be able to pursue a discrimination complaint by 
filing a grievance through the agency's administrative or negotiated 
grievance procedures, if such procedures apply and are available.

Whistleblower Protection Laws

    NCUA employees 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, a personnel action against an employee or 
applicant because that individual disclosed information 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 an 
Executive Order specifically requires such information 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 that 
you have been the victim of whistleblower retaliation, you may file a 
written complaint (Form OSC-11) with the OSC at 1730 M Street, NW., 
Suite 218, Washington, DC 20036-4505 or online through the OSC Web 
site--https://www.osc.gov.
    The NCUA may not discharge or otherwise discriminate against any 
employee with respect to compensation, terms, conditions, or privileges 
of employment because the employee (or any person acting pursuant to 
the request of the employee) provided information to the NCUA or the 
Attorney General regarding any possible violation of any law or 
regulation by any credit union or the NCUA; any director, officer, 
committee member, or employee of any credit union; or any officer or 
employee of the NCUA. 12 U.S.C. 1790b(a)(2).

[[Page 66803]]

    In addition, any employee or former employee of the NCUA who 
believes he or she has been discharged or discriminated against in 
violation of 12 U.S.C. 1790b(a)(2) may file a civil action in the 
appropriate United States district court before the close of the 2-year 
period beginning on the date of such discharge or discrimination. The 
complainant must also file a copy of the complaint initiating such 
action with the NCUA Board. 12 U.S.C. 1790b(b).
    If the district court determines that the NCUA violated 12 U.S.C. 
1790b(a)(2), it may order the NCUA to reinstate the employee to his or 
her former position, pay compensatory damages, or take other 
appropriate actions to remedy any past discrimination. 12 U.S.C. 
1790b(c).

Retaliation for Engaging in Protected Activity

    NCUA cannot retaliate against an employee or applicant because that 
individual exercises his or her rights under any of the federal 
antidiscrimination or whistleblower protection laws listed above. If 
you believe 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 existing laws, NCUA 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), agencies 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 NCUA 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 appropriate offices within the 
NCUA (e.g., Equal Opportunity Programs, Office of General Counsel, or 
Office of Human Resources). Additional information regarding federal 
antidiscrimination, whistleblower protection and retaliation laws can 
be found at the EEOC Web site--https://www.eeoc.gov and the OSC Web 
site--https://www.osc.gov.

Existing Rights Unchanged

    Neither the No FEAR 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 provision 
of law specified in 5 U.S.C. 2302(d), providing the rights and remedies 
available to employees and applicants for discrimination on the basis 
of race, color, religion, sex, national origin, age, handicap, marital 
status or political affiliation are not lessened or extinguished by the 
section.

[FR Doc. E6-19291 Filed 11-15-06; 8:45 am]
BILLING CODE 7535-01-P