The NoFEAR Act - PowerPoint PPT Presentation

1 / 36
About This Presentation
Title:

The NoFEAR Act

Description:

The NoFEAR Act Notification and Federal Employee Antidiscrimination and Retaliation Act (NoFEAR Act) Mandatory Training Module DHHS/OS/ASAM Office of Diversity ... – PowerPoint PPT presentation

Number of Views:154
Avg rating:3.0/5.0
Slides: 37
Provided by: VerlyFa
Category:

less

Transcript and Presenter's Notes

Title: The NoFEAR Act


1
The NoFEAR Act
  • Notification and Federal
  • Employee Antidiscrimination and
  • Retaliation Act (NoFEAR Act)
  • Mandatory Training Module
  • DHHS/OS/ASAM
  • Office of Diversity Management EEO
  • U.S. Department of Health and Human Services

2
Introduction
  • This training will inform you of the NoFEAR Act
    and will meet your new Employee or Biennial
    NoFear Training Requirement
  • This session should take about 20 30 minutes to
    complete.
  • At the conclusion of this training, you should
  • Understand the basic provisions of the NoFEAR Act
  • Know what Antidiscrimination and Whistleblower
    Protection Laws protect you
  • Understand how to file a complaint alleging
    discrimination, retaliation, or a violation of
    the Whistleblower Protection Laws

3
What is the NoFEAR Act?
  • Congress enacted the Notification and Federal
    Employee Antidiscrimination and Retaliation Act
    (NoFEAR Act) on May 15, 2002.
  • The Act requires Federal agencies be
    accountable for violations of antidiscrimination
    and whistleblower protection laws.
  • Intent is to prevent and reduce discrimination by
    helping to ensure federal agencies
  • Pay more attention to their EEO and Whistleblower
    activity
  • Act more expeditiously to resolve complaints at
    the administrative level when it is appropriate
    to do so

4
Background
  • NoFEAR Act was prompted by
  • Allegations of discrimination at EPA
  • Findings of a GAO Report
  • Significant rise in discrimination complaints in
    past decades by federal employees
  • Increase in allegations of retaliation against
    federal employees who had participated in
    complaint process

5
NoFEAR Act Requirements
  • Agencies must
  • Train and notify employees on their rights and
    protections under the antidiscrimination and
    whistleblower laws.
  • Reimburse the Treasury Judgment Fund for payments
    made in Federal District court cases involving
    violations of discrimination and whistleblower
    laws.
  • Post information on its public website relating
    to complaints of discrimination and annually
    report to Congress.

6
General Provisions
  • Agencies should not retaliate for court judgments
    or settlements relating to discrimination or
    whistleblower laws by targeting claimants or
    other employees with
  • Reductions in compensation, benefits for its
    workforce
  • Using RIFs or furloughs to fund agency
    reimbursement
  • Agencies must ensure managers have adequate
    training in managing a diverse workforce and in
    dispute resolution
  • Prohibits agencies from taking unfounded
    disciplinary actions against, or violating
    procedural rights of managers accused of
    discrimination

7
Cornerstones of NoFEAR Act
  • Notification
  • Accountability
  • Reporting

8
Cornerstones - Notification
  • Agencies must provide Federal employees and
    applicants written notification of their rights
    and protections under discrimination and
    whistleblower laws.
  • This includes
  • Posting information on the Internet site of
    agency
  • Providing employees training on rights and
    remedies

9
Cornerstones - Accountability
  • The Act improves accountability by requiring
    agencies to pay for discrimination or
    whistleblower judgments out of their operating
    funds
  • Must reimburse General Fund or Treasury
  • May extend reimbursement over several years to
    avoid
  • RIFs, Furloughs, Reduction in compensation or
    benefits, or any adverse effect on mission of
    agency
  • Individuals are to be held accountable for their
    actions

10
Cornerstones - Reporting
  • Each Federal agency is required to post summary
    statistical data relating to EEO complaints filed
    by employees, former employees or applicants on
    their public website.
  • EEOC is also required to post information
    relating to hearings requested and appeals filed
    from final agency actions on a public website.

11
Cornerstones Reporting (continued)
  • Agencies must submit an annual report, not later
    than 180 days after the end of each fiscal year
    to Congress, EEOC and the Attorney General
    addressing
  • Number and status of cases
  • Amount of money reimbursed for each case
  • Number of employees disciplined for violation of
    laws/policies
  • Specific disciplinary action(s) taken
  • Policy implemented by agency relating to
    disciplinary actions taken against employees who
    discriminated or committed prohibited personnel
    practices
  • Fiscal year end data relating to complaints filed
    and analysis of data

12
Cornerstones Reporting (continued)
  • Reporting Agency information is used to
  • Examine trends
  • Conduct causal analysis
  • Gain practical knowledge through experience
  • Develop action plans to improve complaint or
    civil rights programs

13
You are Protected by Antidiscrimination Laws
  • Illegal discrimination occurs when one employee
    is treated differently than another employee and
    treatment is based on race, color, religion, sex,
    national origin, age, and disability.
  • As a Federal employee, you are protected from
    illegal discrimination in employment matters on
    the basis of your race, color, religion, sex,
    national origin, age, and disability.
  • The Antidiscrimination Laws protect you from
    discrimination concerning the terms and
    conditions of your employment.

14
Title VII of the Civil Rights Act
  • Title VII of the 1964 Civil Rights Act, as
    amended, protects employees from employment
    discrimination on the basis of sex, race, color,
    national origin, or religion.
  • While not covered under Title VII, sexual
    orientation is a prohibited basis of
    discrimination under Executive Order 13087,
    issued May 1998
  • Sexual harassment and pregnancy discrimination
    are considered forms of sex discrimination and
    are prohibited by Title VII.
  • In addition to protection against discrimination
    because of religion, Title VII also establishes
    the agencys duty to provide reasonable
    accommodation for an employees religious beliefs
    unless doing so would impose an undue hardship on
    the employer.

15
The Age Discrimination in Employment Act
  • The Age Discrimination in Employment Act (ADEA)
    prohibits discrimination against Federal
    employees who are 40 years of age or older.
  • The Act protects older employees from employment
    actions based on stereotypes or stigmas
    associated with age.

16
The Rehabilitation Act
  • The Rehabilitation Act of 1973 prohibits
    employment discrimination against Federal
    employees with disabilities.
  • In addition, agencies must provide reasonable
    accommodation for an employee or applicant with a
    disability.
  • A disability is a physical or mental impairment
    that substantially limits a major life activity
    (breathing, walking, seeing, hearing, performing
    manual task).

17
The Rehabilitation Act (continued)
  • A temporary or short term illness is not a
    disability. An inability to work in only one
    type of job, for one particular supervisor, or in
    one location is not a disability.
  • You must be qualified for your position.
  • If you cannot perform the essential functions of
    the job, with or without reasonable
    accommodation, you are not qualified.

18
The Rehabilitation Act (continued)
  • The Federal government has an obligation to
    provide reasonable accommodation to individuals
    with disabilities.
  • A reasonable accommodation is an adjustment to
    the work situation or environment to enable you
    to perform your job, as long as it is not an
    undue hardship to the agency.
  • The accommodation does not have to be specific to
    what is being requested by the employee. It does
    have to be a reasonable, effective accommodation.
  • The Agency has no obligation to change
    performance standards or to eliminate essential
    functions of your position as a reasonable
    accommodation.

19
The Equal Pay Act
  • The Equal Pay Act of 1963 prohibits federal
    agencies from paying employees of one sex lower
    wages than those of the opposite sex for
    performing substantially equal work.

20
Protection Against Reprisal or Retaliation
  • The Antidiscrimination laws protect you from
    reprisal for exercising your rights under those
    Acts.
  • Protected activities may include filing a
    complaint of discrimination, requesting
    reasonable accommodation, giving evidence or
    testimony to an investigator or in a hearing,
    participating in the EEO process, or complaining
    about or protesting perceived discrimination
    against you or another employee.

21
If You Believe You Have Been Discriminated
Against
  • You must contact your EEO Office for the
    assignment of an EEO Counselor within 45 calendar
    days from when you first became aware of the
    alleged discrimination.
  • Employees complaining about age discrimination
    may give notice of intent to sue to the Equal
    Employment Opportunity Commission within 180 days
    of the alleged discrimination.

22
If You Believe You Have Been Discriminated
Against(continued)
  • The EEO Counselor will try to resolve the
    complaint and will offer you an opportunity to
    use the Alternative Dispute Resolution (ADR) to
    resolve your complaint.
  • If the complaint is not resolved, you will be
    provided a Notice of Right to File a Complaint.
    You must file within 15 calendar days from
    receipt of the Notice.
  • Employees covered by a negotiated bargaining
    agreement which permits allegations of
    discrimination, may elect to proceed under the
    negotiated bargaining agreement, rather than
    filing a formal complaint of discrimination. You
    cannot do both.

23
If You Believe You Have Been Discriminated
Against(continued)
  • In some cases, extensions of the time frames for
    contacting an EEO Counselor or filing a complaint
    are possible, if a valid reason is presented.
  • You should fully explain any delays for untimely
    EEO Counselor contact or complaint filing.
  • The Agency EEO Official, not the EEO Counselor,
    will make the decision if the time limits may be
    extended

24
If You Believe You Have Been Discriminated
Against(continued)
  • You are entitled to a reasonable amount of time
    to
  • Prepare and present your complaint
  • Meet with a counselor, an investigator or to
    participate in the hearing
  • While there is no set amount of time, it is
    normally granted in terms of hours, not days.

25
Marital Status Political Affiliation
Discrimination
  • Federal law makes it illegal to discriminate
    against Federal employees because of their
    marital status or political affiliation, or to
    retaliate against employees for exercising their
    rights.
  • If you believe discrimination has occurred on one
    of these bases, you may file a written complaint
    with the U.S. Office of Special Counsel.
  • You may also pursue such a complaint through your
    administrative grievance system, or the
    negotiated grievance procedures, if applicable.

26
Manager Supervisor Responsibilities
  • A manager or supervisor is required to
  • Ensure they have legitimate, non-discriminatory
    reasons for the actions they take
  • Ensure they treat employees fairly and equitably
  • Fully consider reasonable accommodation to
    individuals with disabilities
  • Check with your EEO Office with questions on
    whether reasonable accommodation is appropriate
  • Only disclose medical information to officials
    with a need to know and keep medical information
    separate from personnel files

27
Manager Supervisor Responsibilities (continued)
  • Provide a reasonable amount of time to an
    employee to work on an EEO complaint
  • Cooperate with an EEO Counselor or EEO
    Investigator
  • Failure to do so may result in disciplinary
    action
  • Ensure employees are not subjected to a hostile
    work environment because of their race, color,
    national origin, age, religion, sex or
    disability. Act on all complaints of alleged
    discrimination or harassment

28
Whistleblower Protection Laws
  • 5 U.S.C. 2302(b)(8) prohibits retaliation against
    an employee or applicant for disclosing
    information 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
  • Employees may not disclose information if
    disclosure is specifically prohibited by law or
    if the information is required under Executive
    Order to be protected from disclosure in the
    interest of national security.

29
Whistleblower Protection Laws (continued)
  • A Federal agency cannot retaliate against an
    employee or applicant (through personnel action
    or otherwise) because that individual exercises
    his or her rights under the Whistleblower
    Protection Act
  • If an employee believes he/she has been subjected
    to retaliation via a personnel action within the
    jurisdiction of the Merit System Protection Board
    (MSPB), the employee may
  • File a complaint with the Office of the Special
    Counsel (OSC) before filing an appeal with MSPB
    or
  • File an appeal directly with the MSPB

30
Filing a Whistleblower Protection Complaint
  • If the employee chooses to go directly to the
    MSPB
  • The appeal must be filed no later than 30 days
    after the effective date of the action being
    appealed, or 30 days after receipt of the
    agencys decision, whichever is later.
  • If an Alternate Dispute Resolution (ADR) process
    is used, the employee may extend the filing
    period by 30 days, for a total of 60 days.
  • If the personnel actions do not fall under the
    MSPB jurisdiction, the employee must first file a
    complaint with the OSC before filing an appeal
    with the MSPB.

31
Filing a Whistleblower Protection Complaint
(continued)
  • A complaint may be filed with OSC by using Form
    OSC-11 (Complaint of Possible Prohibited
    Personnel Practice or other Prohibited Activity)
  • Form OSC-11 can be obtained by contacting
  • Office of Special Counsel (OSC)
  • Complaints Examining Unit
  • 1730 M Street, NW, Suite 218
  • Washington, DC 20036-4505
  • 1-800-872-9855 (toll free) or (202) 653-7188
  • http//www.osc.gov/

32
Filing a Whistleblower Protection Complaint
(continued)
  • After the OSC complaint process is exhausted, the
    appellant may file an appeal with the MSPB
  • No later than 65 days after the date that OSCs
    written notification was issued terminating the
    investigation or
  • If notification was received more than 5 days
    after the date of issuance, the MSPB appeal must
    be filed within 60 days after the date the date
    OSCs notification was received.
  • If OSC has not notified the appellant that it
    will seek corrective action within 120 days of
    the filing date, the appellant may file an MSPB
    appeal at any time after the 120 day period
    expires.

33
Where Do I go For More Information?
  • Discrimination Laws
  • Contact your local EEO Manager or the Director,
    DM/EEO Indian Health Service
  • EEO Complaint process
  • http//www.hhs.gov/eeo/complaint.html
  • Whistleblower Act and Protections
  • Local HR Office or visit http//www.osc.gov

34
NoFEAR Act Notice
  • HHS NoFEAR Act Notice
  • http//www.hhs.gov/eeo/about_no_fear.html
  • Public Law 107-174 (NoFEAR Act)
  • http//www.hhs.gov/eeo/no_fear_act_of_2001.html
  • HHS Equal Employment Opportunity Data Posted
    Pursuant to NoFEAR Act
  • http//www.hhs.gov/eeo/no_fear_bullet_3.html

35
NoFEAR Act Training
  • Thank you for completing
  • the NoFEAR Act Training
  • The training certificate will not print
    automatically on the last page, so you will need
    to print, then type or write in your name and
    date. Please submit your certificate to your
    supervisor to verify your training completion of
    this course.

36
Certificate of Completion for NoFEAR Act Training
  • Office of Diversity Management and Equal
    Employment Opportunity
  • This certifies that
  • has completed the online
  • training module for
  • NoFEAR Act Training
  • (Date)
Write a Comment
User Comments (0)
About PowerShow.com