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US Army Medical Command 
Fort Sam Houston, Texas 


No FEAR Act Training 


epared by: Office of Equal Employment Opportunity Prog 


No FEAR Act 


■ Congress enacted the "Notifícation and 
Federal Employee Antidiscrimination and 
Retaliation Act of 2002" on May 15, 2002. 
This Act requires Department of Army (DA) 
to comply with antidiscrimination and 
whistleblower protection laws. 

■ Congress found that Federal agencies 
cannot operate effectively if those 
agencies practice or tolerate 
discrimination. 


No FEAR Act Training, US Army Medical Command 


No FEAR Act Notice 


■ The Act requires DA to provide notice 
to all employees, former employees 
and applicants for employment to 
inform them of their rights and 
protections available under Federal 
antidiscrimination, whistleblower 
protection, and retaliation laws. 


No FEAR Act Training, US Army Medical Command 



No FEAR Act Environment 


Creating a discrimination-free office requires: 

■ Demonstrated commitment from the agency. 

■ Integration of EEO policies into the agency's 
strategic mission. 

■ Proactive prevention of unlawful j 
discrimination. 

■ Efficient implementation of policies. 

■ Management and program accountability. 

■ Responsiveness and legal compliance. / 


No FEAR Act Training, US Army Medical Command 


No FEAR Act Requirements 

■ The Act requires Federal agencies to: 

■ Reimburse the Treasury Judgment Fund for 
payments made in Federai 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. 

■ Train and notify employees on their rights and 

protections underthe antidiscrimination and 
whistleblower laws: \ I / I 

Treasury's Financial Management Service will send a notice to the agency requesting 
reimbursement for the payment. 


No FEAR Act Training, US Army Medical Command 


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No FEAR Act Requirements 


■ The No FEAR Act makes it 
compulsory for federal agencies to 
provide notification and training to 
employees on their rights and the 
remedies to discrimination and 
retaliation. 


No FEAR Act Training, US Army Medical Command 



Prohibited Personnel 

Practices 

The Act requires that federal employees 
receive notice of prohibited personnel 
practices under Federal law. Among them are: 

■ Discrimination 

■ Improper infìuence on employment actions 

■ Coerce political activity 

■ Nepotism 

■ Retaliation for whistleblowing or exercising rights 

■ Violating veterans' preference 

■ Violating merit system principles 


No FEAR Act Training, US Army Medical Command 


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Antidiscrimination Laws 


■ DA must not discriminate against 
employees or applicants 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 Federaî statutes. 


No FEAR Act Training, US Army Medical Command 


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Complaints of 
Discrimination 

■ 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 your servicing Equal 
Employment Opportunity (EEO) Office 
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. 


No FEAR Act Training, US Army Medical Command 


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Age Discrimination 

If you believe that you have been the victim 
of unlawful discrimination on the basis of 
age (40 years and over), you must: 

■ Contact an EEO official within 45 calendar 
days, or 

■ Give notice of intent to sue to the Equal 

Employment Opportunity Commission (EEOC) 
within 180 days of the alleged discriminatory 
action. / \ I / 


No FEAR Act Training, US Army Medical Command 


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Remedies 


If any Federal employee is successful in 
proving unlawful discrimination or 
retaliation, that employee has the right to 
seek a remedy. The remedies include: 

■ Reimbursing attorney's fees 

■ Placing victims in the position they would have 
occupied if the discrimination hadn't occurred 

■ Paying compensatory damages 

■ Reimbursing any benefits that were lost 

■ Preventing further discrimination by stopping the 
specific discriminatory practices involved 


No FEAR Act Training, US Army Medical Command 


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Other Avenues of Redress 


If you allege discrimination based on 
marital status or political affiliation, 
you may file a written complaint with 
or use the following procedures: 

■ US Office of Special Counsel (OSC) 

■ DA Administrative Grievance Procedure 

■ Negotiated Grievance Procedure 


No FEAR Act Training, US Army Medical Command 


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Whistleblower Protection 


■ A DA manager or supervisor with authority to 
take, direct others to take, recommend, or 
approve any personnel action must not 
misuse that authority to take, 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 beíieved to be 
evidence of violations of law, rule, or 
regulation; gross mismanagement; gross 
waste of funds; an abuse of authority; or a 
substantial and specific dangerto public 
health or safety. 


No FEAR Act Training, US Army Medical Command 


Whistleblower Protection 

■ The only exception is disclosure if 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 USC 
2302(b)(8). 


No FEAR Act Training, US Army Medical Command 


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Whistleblower Protection 


Retaliation against an employee or applicant for 
employment making a protected disclosure is 
prohibited. If you believe that you have been 
the victim of whistleblower retaliation, you may: 

■ Report it to the DA IG (Office of Inspector General) 
Hotline at 1-800-488-8244; 

■ File a written complaint with the US Office of Special 
Counsel (OSC) at 1730 M Street NW., Suite 218, 
Washington DC 20036-4505; or 

■ File a complaint online through the OSC Website at 
www.osc.gov. 


No FEAR Act Training, US Army Medical Command 


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Whistleblower Protection 


■ DA management officials must not 
retaliate against employees or 
applicants for employment for 
exercising their rights under any of 
the Federal antidiscrimination or 
whistleblower protection laws. 


No FEAR Act Training, US Army Medical Command 


Disciplinary Actions 


■ Under existing laws, DA retains the right 
to discipline a manager or supervisor 
who has engaged in unlawful 
discriminatory or retaliatory conduct. 

■ If OSC has initiated an investigation 
under 

5 USC, agencies must seek approval 
from the Special Counsel to discipline 
employees for engaging in prohibited 
retaliation. 


No FEAR Act Training, US Army Medical Command 


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Existing Rights Unchanged 


■ Pursuant to section 205 of the No 
FEAR Act, neither tde Act northis 
notice creates, expands, or reduces 
any rights otherwise available to any 

employee, former employee, or 
applicant for employment under 
the laws of the United States. r 


No FEAR Act Training, US Army Medical Command 


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Existing Rights Unchanged 


■ Nothing in the No FEAR Act alters 
existing laws or permits DA 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. H 


No FEAR Act Training, US Army Medical Command 


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Contacts 


■ Your servicing EEO Office 

■ Civilian Personnel yaison . 

■ Servicing Civilian Personnel 
Advisory Center 

■ MEDCOM Office of EEO Programs 


No FEAR Act Training, US Army Medical Command 


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Test Materials 


■ Supervisors may obtain the No FEAR 
test, test answers, training roster 
format, and training certificate by 
contacting the Headquarters MEDCOM 
Office of EEO Programs at DSN 471- 
8170 or commercial (210) 221-8170. 


No FEAR Act Training, US Army Medical Command