No FEAR Act
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. The primary purpose of the No Fear Act of 2002 is to improve Federal agency accountability for violations of the anti-discrimination and whistleblower protection laws related to employment, and to ensure that employees, applicants for employment, and former employees know their rights under antidiscrimination laws and the Whistleblower Protection Act.
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (“No FEAR Act”), Public Law 107-174, requires Federal agencies to be accountable for violations of antidiscrimination and whistleblower protection laws, to post certain statistical data on their web sites relating to Federal sector EEO complaints filed with the agencies, and for other purposes. Section 203 of the No FEAR Act specifically requires, not later than 180 days after the end of the fiscal year (FY), each Federal agency to submit an annual report to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, each committee of Congress with jurisdiction relating to the agency, the Equal Employment Opportunity Commission (EEOC), and the Attorney General. The U.S. Office of Personnel Management’s (OPM) regulations implementing Title II of the No FEAR Act at 5 CFR Part 724, also requires the submission of this annual report to the Director of OPM for the implementation of best practices and the issuance of advisory guidelines. The No FEAR Act requires each Federal agency to include in this annual report:
- the number of Federal court cases arising under the respective areas of law cited in the No FEAR Act where discrimination was alleged;
- the status or disposition of cases;
- the amount required to be reimbursed to the Treasury Judgment Fund (Judgment
- Fund) for attorney’s fees where such fees have been separately designated;
- the number of employees disciplined for discrimination, retaliation, harassment, or
- any other infraction of any provision of law referred to under the Act, and specific
- nature of disciplinary action taken, separated by provisions of law(s);
- the final year-end data about discrimination complaints for the fiscal year;
- a detailed description of agency policy relating to appropriate disciplinary actions;
- an analysis of trends, causation, and practical knowledge gained through experience;
- actions planned or taken to improve complaint or civil rights programs;
- any adjustments to the budget; and
- the agency written training plan.