No Fear Act Notice, 67163-67164 [E6-19584]

Download as PDF Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices The proposed consent decrees may be viewed at https://www.usdoj.gov/enrd/ open.html. Stephen Samuels, Assistant Chief, Environmental Defense Section, Environment & Natural Resources Division. [FR Doc. 06–9278 Filed 11–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF LABOR Office of the Secretary No Fear Act Notice AGENCY: ACTION: Office of the Secretary, Labor. Notice. SUMMARY: The U.S. Department of Labor (DOL) 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 and whistleblower protection laws. This notice fulfills DOL’s notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), as implemented by Office of Personnel Management (OPM) regulations. FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave., NW., Room N–4123, Washington, DC 20210, CivilRightsCenter@dol.gov, (202) 693– 6500 (VOICE) or (202) 693–6515, (800) 326–2577 (TTY/TDD). sroberts on PROD1PC70 with NOTICES No Fear Act Notice On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is now known as 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.’’ Public Law 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law 107–174, Title I, General Provisions, section 101(1). The Act also requires this agency 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. VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 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, 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 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). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a complaint or grievance through your agency’s administrative or negotiated grievance procedures, if such procedures are available and apply. Whistleblower Protection Laws A Federal 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. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 67163 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 U.S. Office of Special Counsel at 1730 M Street, NW., Suite 218, Washington, DC 20036–4505, or online through the OSC Web site, https://www.osc.gov. Retaliation for Engaging in Protected Activity A Federal agency 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 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 of this Notice, or, if applicable, the administrative or negotiated grievance procedures, in order to pursue any legal remedy. Disciplinary Actions Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for discriminatory or retaliatory conduct, or other conduct that is inconsistent with Federal antidiscrimination, whistleblower protection, and retaliation laws. Possible disciplinary actions range up to and include 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 an agency 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, or you may contact DOL’s Civil Rights Center: U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, Civil Rights Center, Room N–4123, 200 Constitution Ave., NW., Washington, DC 20210, 202/ 693–6500 (voice), 202/693–6516 (TTY), https://www.dol.gov/oasam/ programs/crc/crcwelcome.htm, civilrightscenter@dol.gov. E:\FR\FM\20NON1.SGM 20NON1 67164 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices 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 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). Edward C. Hugler, Deputy Assistant Secretary for Administration and Management. [FR Doc. E6–19584 Filed 11–17–06; 8:45 am] BILLING CODE 4510–23–P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request sroberts on PROD1PC70 with NOTICES ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Claim for Reimbursement-Assisted Reemployment (CA–2231). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before January 19, 2007. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0418, fax (202) 693–1451, e-mail VerDate Aug<31>2005 17:10 Nov 17, 2006 Jkt 211001 bell.hazel@dol.gov. Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION I. Background: The Office of Workers’ Compensation Programs (OWCP) administers the Federal Employees’ Compensation Act (FECA) 5 U.S.C. 8101 and Section 8104a of the FECA provides vocational rehabilitation services to eligible injured workers to facilitate their return to work. The costs of providing these vocational rehabilitation services are from the Employees’ Compensation Fund. Annual appropriations language currently in Public Law 109–289 provides OWCP with the legal authority to use the amounts from the Fund to reimburse private sector employers for a portion of the salary of reemployed disabled Federal workers they have hired through OWCP’s assisted reemployment program. The information collected on Form CA–2231 provides OWCP with the necessary remittance information for the employer, documents the hours of work, certifies the payment of wages to the claimant for which reimbursement is sought, and summarizes the nature and costs of the wage reimbursement program for a prompt decision by OWCP. This information collection is currently approved for use through June 30, 2007. II. Review Focus: The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • enhance the quality, utility and clarity of the information to be collected; and • minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: The Department of Labor seeks the extension of approval to collect this information to ensure timely and accurate payments to eligible employers for reimbursement claims. Type of Review: Extension. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Agency: Employment Standards Administration. Title: Claim for ReimbursementAssisted Reemployment. OMB Number: 1215–0178 Agency Number: CA–2231 Affected Public: Business or other forprofit, Not-for-profit institutions. Total Respondents: 20. Total Annual Responses: 80. Average Time per Response: 30 minutes. Estimated Total Burden Hours: 40. Frequency: Quarterly. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $34.00. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: November 15, 2006. Hazel Bell, Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning Employment Standards Administration. [FR Doc. E6–19566 Filed 11–17–06; 8:45 am] BILLING CODE 4510–27–P DEPARTMENT OF LABOR Bureau of Labor Statistics Federal Economic Statistics Advisory Committee; Notice of Open Meeting and Agenda The eleventh meeting of the Federal Economic Statistics Advisory Committee will be held on December 15, 2006 in the Postal Square Building, 2 Massachusetts Avenue, NE., Washington, DC. The Federal Economic Statistics Advisory Committee is a technical committee composed of economists, statisticians, and behavioral scientists who are recognized for their attainments and objectivity in their respective fields. Committee members are called upon to analyze issues involved in producing Federal economic statistics and recommend practices that will lead to optimum efficiency, effectiveness, and cooperation among the Department of Labor, Bureau of Labor Statistics and the Department of Commerce, Bureau of Economic Analysis and Bureau of the Census. The meeting will be held in Meeting Rooms 1 and 2 of the Postal Square Building Conference Center. The schedule and agenda for the meeting are as follows: E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67163-67164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19584]


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DEPARTMENT OF LABOR

Office of the Secretary


No Fear Act Notice

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

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SUMMARY: The U.S. Department of Labor (DOL) 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 and whistleblower protection laws. This notice 
fulfills DOL's notification obligations under the Notification and 
Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), 
as implemented by Office of Personnel Management (OPM) regulations.

FOR FURTHER INFORMATION CONTACT: Annabelle T. Lockhart, Director, Civil 
Rights Center (CRC), Frances Perkins Building, 200 Constitution Ave., 
NW., Room N-4123, Washington, DC 20210, CivilRightsCenter@dol.gov, 
(202) 693-6500 (VOICE) or (202) 693-6515, (800) 326-2577 (TTY/TDD).

No Fear Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' which is now 
known as 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.'' Public Law 107-174, Summary. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Public Law 107-174, Title I, General Provisions, section 101(1).
    The Act also requires this agency 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, 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 
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). In the alternative (or in some cases, in 
addition), you may pursue a discrimination complaint by filing a 
complaint or grievance through your agency's administrative or 
negotiated grievance procedures, if such procedures are available and 
apply.

Whistleblower Protection Laws

    A Federal 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 that 
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, https://www.osc.gov.

Retaliation for Engaging in Protected Activity

    A Federal agency 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 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 of this Notice, or, if applicable, the 
administrative or negotiated grievance procedures, in order to pursue 
any legal remedy.

Disciplinary Actions

    Under the existing laws, each agency retains the right, where 
appropriate, to discipline a Federal employee for discriminatory or 
retaliatory conduct, or other conduct that is inconsistent with Federal 
antidiscrimination, whistleblower protection, and retaliation laws. 
Possible disciplinary actions range up to and include 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 an agency 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, or you may contact DOL's Civil Rights Center:

U.S. Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Civil Rights Center, Room N-4123, 200 
Constitution Ave., NW., Washington, DC 20210, 202/693-6500 (voice), 
202/693-6516 (TTY), https://www.dol.gov/oasam/programs/crc/
crcwelcome.htm, civilrightscenter@dol.gov.


[[Page 67164]]


    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

    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).

Edward C. Hugler,
Deputy Assistant Secretary for Administration and Management.
[FR Doc. E6-19584 Filed 11-17-06; 8:45 am]
BILLING CODE 4510-23-P

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