Serving Clovis, Portales and the Surrounding Communities

Legislation protects employees

CANNON AIR FORCE BASE — According to the U.S. Department of State Diplomacy in Action, the Notification and Federal Employee Anti-Discrimination and Retaliation Act was enacted by Congress May 15, 2002 and became effective Oct.1, 2003. Congress found that federal agencies could not be effectively operated if discriminatory practices were tolerated in accordance with Public Law 107-74, Title I, General Provisions, Section 101(1).

It is against the law for federal agencies to discriminate against federal employees or applicants with regard to entitlements or conditions of employment on the basis of any protected category such as race, color, religion, sex, national origin, disability, marital status or political affiliation.

In addition it is against the law for federal employees with authority or in leadership positions to take action against a fellow employee or applicant on the basis of divulging information to the correct authority regarding violations of law, rule or regulation, gross mismanagement, gross waste of funds, abuse of authority, or a substantial danger to public well-being, unless information disclosed is prohibited by law in the interest of national defense or conduct of foreign affairs.

The Act requires all federal employees have access to agency training regarding rights and remedies and written notification of their individual rights and protections under the law.

In addition the No FEAR Act requires federal agencies to pay for any discrimination, whistleblower judgments or settlements, further facilitating agency accountability regarding discrimination and whistleblower laws.

If you believe that you may be a victim of discrimination or reprisal based on a protected category due to a complaint, you must contact the appropriate authority within a certain time frame.

If you have been discriminated against based on a protected category you must contact your base or agency's Equal Opportunity counselor within 45 calendar days of the alleged action before you can file a formal complaint. When dealing with discrimination based on age, you must first contact your EO counselor or give your written notice to sue the EO Commission within 180 days of the alleged action.

Furthermore, in the case of discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Offices of Special Counsel and in some cases, pursue a grievance through your agencies' administration.

Overall, the No FEAR Act is designed to protect the institution and its' personnel as well as increase federal agencies' accountability in turn requiring that each federal agency make their equal employment opportunity complaints statistical data available on its respective public websites to be updated quarterly.

Fast facts

  • For more information regarding the No FEAR Act:

http://www.eeoc.gov/eeoc/statistics/nofear/qanda.cfm