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https://www.nist.gov/associate-director-management-resources/equal-employment-opportunity-and-accessibility-office/no


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Associate Director for Management Resources


EQUAL EMPLOYMENT OPPORTUNITY AND ACCESSIBILITY OFFICE

 * EEOAO Staff Overview
 * EEO Counselors
 * No Fear Act Policy
 * Equal Employment Opportunity Laws
 * EEO Complaints
 * Disability Employment Program
 * Equal Employment Opportunity (EEO) and Diversity Policy
 * Zero Tolerance Harassment Policy


NO FEAR ACT POLICY


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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." Pub. L. 107-174, Summary. In support of this purpose, Congress found that
"agencies cannot be run effectively if those agencies practice or tolerate
discrimination." Pub. L. 107-74, 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,
whistleblower protection and retaliation 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 § 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 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 grievance through your agency's administrative or
negotiated grievance procedures, if such procedures apply and are available.

OSC Headquarters

https://osc.gov/
(202) 804-7000
(202) 254-3711
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505

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 website (external
link). https://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 protections 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 or, if
applicable, the administrative or negotiated grievance procedures in order to
pursue any legal remedy.

Administrative Grievance Procedure DAO 202-771
http://www.osec.doc.gov/opog/dmp/daos/dao202_771.html 
Office of Human Resources Management 
https://www.nist.gov/ohrm
Office of Human Resources Management
301-975-3000 Telephone
301-948-6107 Facsimile
100 Bureau Drive, M/S 1720
Gaithersburg, MD 20899-1720

Disciplinary Actions

Under the existing laws, each agency retains the right, where appropriate, to
discipline a Federal employee who has engaged in discriminatory or retaliatory
conduct, 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 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
724, as well as the appropriate offices within your agency (e.g., Center for
Equal Employment Opportunity, Center for Human Capital Management Services, or
Office of General Counsel). OPM's specific antidiscrimination policies relating
to equal employment opportunity and prohibited personnel practices have been
physically and electronically posted throughout OPM. Additional information
regarding Federal antidiscrimination, whistleblower protection and retaliation
laws can be found at the EEOC website (external link) https://www.eeoc.gov/ and
the OSC website (external link) https://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).

NIST Equal Employment Opportunity and Accessibility Office Compliance:

Pursuant to the No FEAR Act, the NIST EEOAO has posted data pertaining to
complaints of employment discrimination initiated by NIST employees, former
employees, and applicants for employment under 29 C.F.R. :
http://www.osec.doc.gov/ocr/nofear/nofear.htm.

Complaints of alleged discrimination or reprisal:
Individuals who believe they have been subjected to prohibited discrimination or
retaliation because of their participation in a protected EEO activity should
contact a NIST EEO Counselor, or the NIST Equal Employment Opportunity and
Accessibility Office within 45 calendar days.

EEO Counselors contact information: 
EEOAO- Equal Employment Opportunity Counselors | NIST

Equal Employment Opportunity and Accessibility Office:
Main line: 301-975-2038
Equal Employment Opportunity and Accessibility Office - Staff Listing | NIST

 

Created July 2, 2009, Updated October 10, 2023


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Gaithersburg, MD 20899
301-975-2000

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