[Federal Register: January 23, 2007 (Volume 72, Number 14)]
[Notices]
[Page 2909-2910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja07-87]
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POSTAL SERVICE
No FEAR Act Notice
AGENCY: Postal Service.
ACTION: Notice.
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SUMMARY: The Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (No FEAR Act) requires that each Federal agency
provide notice to all employees, former employees, and applicants for
employment about the rights and remedies available to them under the
anti-discrimination laws and whistleblower protection laws that apply
to them. This document fulfills the Postal ServiceTM's
requirement under the regulations promulgated by the Office of
Personnel Management to publish the initial notice of such rights and
remedies in the Federal Register.
DATES: This notice is effective January 23, 2007.
FOR FURTHER INFORMATION CONTACT: Lynn Martin, National EEO Compliance
and Appeals Programs by telephone 202-268-3830; by e-mail at
lynn.martin@usps.gov.
SUPPLEMENTARY INFORMATION: The ``Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002,'' Public Law 107-174,
(No FEAR Act) was enacted by Congress on May 15, 2002, for the purpose
of, inter alia, holding Federal agencies accountable for violations of
antidiscrimination and whistleblower protection laws. Sections 101(1)
and 101(6) of the Act state that ``Federal agencies cannot be run
effectively if those agencies practice or tolerate discrimination,''
and that ``notifying Federal employees of their rights under
discrimination and whistleblower laws should increase Federal agency
compliance with the law.'' Section 202 of the Act requires that written
notification be provided to Federal employees, former Federal
employees, and applicants for Federal employment of the rights and
protections available to them under the applicable Federal anti-
discrimination and whistleblower protection laws. Under section 204 of
the No FEAR Act, the Office of Personnel Management (OPM) promulgated
regulations to carry out the notification requirements of the Act. This
initial notice is being published in accordance with the final OPM
regulations at 5 CFR 724.202. This notice specifically describes the
anti-discrimination laws and regulations and the whistleblower
protection regulations that apply to Postal Service employees. It also
describes the methods to be used by Postal Service employees to file
complaints under the applicable laws and regulations.
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 the United States Postal Service (Postal
Service) to provide this notice to Postal Service employees, former
Postal Service employees and applicants for Postal
[[Page 2910]]
Service employment to inform you of the rights and protections
available to you under the Federal antidiscrimination laws and
whistleblower protection regulations.
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 against Postal Service employees and applicants on these
bases is prohibited by one or more of the following statutes and
regulations: 29 U.S.C. 206(d), 631, 633a, 791, 42 U.S.C. 2000e-16,
Employee and Labor Relations Manual (ELM) 665.23, 666.12.
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 the Postal Service Equal
Employment Opportunity (EEO) office using the central telephone number
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 the Postal Service. See, e.g. 29 CFR 1614. The
central telephone number is: 888-EEO-USPS (888-336-8777), Deaf and hard
of hearing call: 800-877-8339, (Federal Relay Service).
If you believe that you have been the victim of unlawful
discrimination on the basis of age, you must either contact the EEO
office as noted above, within the time period 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 pursue a discrimination complaint by filing a
grievance through the Postal Service's administrative or negotiated
grievance procedures, if such procedures apply and are available. If
those procedures do not apply or are not available, you may file a
written complaint including as much specific information on the alleged
violation as possible with the: Vice President Labor Relations, Postal
Service, 475 L'Enfant Plaza, SW., Washington, DC 20260-4100.
Whistleblower Protection
A Postal Service 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 or
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
whistleblower protected disclosure is prohibited by ELM 666.18. If you
believe that you have been the victim of whistleblower retaliation, you
may file a written complaint with: Postal Service Office of Inspector
General Hotline, 1735 N. Lynn Street, Arlington, VA 22209-2005; or via
telephone through the toll free Office of Inspector General Hotline at
888-USPS-OIG (888-877-7644). Deaf and hard of hearing may use the TTY
telephone number 866-OIG-TEXT (866-644-8398). You may also contact the
Office of Inspector General Hotline through e-mail at
hotline@uspsoig.gov.
Retaliation for Engaging in Protected Activity
The Postal Service cannot retaliate against an employee or
applicant because that individual exercises his or her rights under any
of the Federal antidiscrimination laws or whistleblower protection
regulations 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 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, the Postal Service retains the right,
where appropriate, to discipline a Postal Service employee for conduct
that is inconsistent with Federal Antidiscrimination Laws and
Whistleblower Protection regulations up to and including removal.
Nothing in the No FEAR Act alters existing laws or permits the Postal
Service to take unfounded disciplinary action against a Postal Service
employee or to violate the procedural rights of a Postal Service
employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act refer to Public
Law 107-174 and the Postal Service No FEAR Act Web page http://www.usps.com/nofearact
.
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.
Neva R. Watson
Attorney, Legislative.
[FR Doc. E7-849 Filed 1-22-07; 8:45 am]
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