HHS NoFearActTraining 2010-Annual Req for Reports to Congress

7/31/2019 HHS NoFearActTraining 2010-Annual Req for Reports to Congress

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The NoFEAR ActNotification 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


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Introduction

This training will inform you of the NoFEAR Actand will meet your new Employee or BiennialNoFear 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, ora violation of the Whistleblower Protection Laws


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What is the NoFEAR Act?

Congress enacted the Notification and Federal EmployeeAntidiscrimination and Retaliation Act (NoFEAR Act)on May 15, 2002.

The Act requires Federal agencies be accountable forviolations of antidiscrimination and whistleblowerprotection 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 levelwhen it is appropriate to do so


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Background

NoFEAR Act was prompted by:

Allegations of discrimination at EPA

Findings of a GAO Report

Significant rise in discrimination complaints in pastdecades by federal employees

Increase in allegations of retaliation against federalemployees who had participated in complaint process


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NoFEAR Act Requirements

Agencies must:

Train and notify employees on their rights and protections underthe antidiscrimination and whistleblower laws.

Reimburse the Treasury Judgment Fund for payments made inFederal District court cases involving violations of discriminationand whistleblower laws.

Post information on its public website relating to complaints ofdiscrimination and annually report to Congress.


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General Provisions

Agencies should not retaliate for court judgments or settlementsrelating to discrimination or whistleblower laws by targetingclaimants 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 inmanaging a diverse workforce and in dispute resolution

Prohibits agencies from taking unfounded disciplinary actionsagainst, or violating procedural rights of managers accused ofdiscrimination


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Cornerstones of NoFEAR Act

Notification

Accountability

Reporting


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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.


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CornerstonesReporting (continued)

Agencies must submit an annual report, not laterthan 180 days after the end of each fiscal year toCongress, EEOC and the Attorney Generaladdressing:

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 takenagainst employees who discriminated or committed prohibitedpersonnel practices

Fiscal year end data relating to complaints filed and analysis of data


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CornerstonesReporting (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


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You are Protected by

Antidiscrimination Laws

Illegal discrimination occurs when one employee is treateddifferently than another employee and treatment isbased on race, color, religion, sex, national origin, age,and disability.

As a Federal employee, you are protected from illegaldiscrimination in employment matters on the basis ofyour race, color, religion, sex, national origin, age, anddisability.

The Antidiscrimination Laws protect you from discriminationconcerning the terms and conditions of youremployment.


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Title VII of the Civil Rights Act

Title VII of the 1964 Civil Rights Act, as amended, protectsemployees from employment discrimination on the basis of sex,race, color, national origin, or religion.

While not covered under Title VII, sexual orientation is aprohibited basis of discrimination under Executive Order 13087,

issued May 1998

Sexual harassment and pregnancy discrimination are consideredforms 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 reasonableaccommodation for an employees religious beliefs unless doingso would impose an undue hardship on the employer.


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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.


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The Rehabilitation Act

The Rehabilitation Act of 1973 prohibits employmentdiscrimination against Federal employees withdisabilities.

In addition, agencies must provide reasonable accommodationfor 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).


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The Rehabilitation Act (continued)

A temporary or short term illness is not a disability. Aninability to work in only one type of job, for oneparticular supervisor, or in one location is not adisability.

You must be qualified for your position.

If you cannot perform the essential functions of the job,with or without reasonable accommodation, you arenot qualified.


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Protection Against Reprisal or

Retaliation

The Antidiscrimination laws protect you from reprisalfor exercising your rights under those Acts.

Protected activities may include filing a complaint ofdiscrimination, requesting reasonableaccommodation, giving evidence or testimony to aninvestigator or in a hearing, participating in the EEO

process, or complaining about or protestingperceived discrimination against you or anotheremployee.


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If You Believe You Have Been

Discriminated Against

You must contact your EEO Office for theassignment of an EEO Counselor within 45calendar days from when you first became

aware of the alleged discrimination.

Employees complaining about age discriminationmay give notice of intent to sue to the Equal

Employment Opportunity Commission within 180days of the alleged discrimination.


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If You Believe You Have Been

Discriminated Against(continued)

The EEO Counselor will try to resolve the complaint and will offeryou 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 ofRight to File a Complaint. You must file within 15 calendar daysfrom receipt of the Notice.

Employees covered by a negotiated bargaining agreement whichpermits allegations of discrimination, may elect to proceed underthe negotiated bargaining agreement, rather than filing a formalcomplaint of discrimination. You cannot do both.


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Marital Status & Political Affiliation

Discrimination

Federal law makes it illegal to discriminate againstFederal employees because of their marital status orpolitical affiliation, or to retaliate against employeesfor exercising their rights.

If you believe discrimination has occurred on one ofthese bases, you may file a written complaint withthe U.S. Office of Special Counsel.

You may also pursue such a complaint through youradministrative grievance system, or the negotiated grievanceprocedures, if applicable.


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Manager & Supervisor Responsibilities

A manager or supervisor is required to:

Ensure they have legitimate, non-discriminatory reasons for theactions they take

Ensure they treat employees fairly and equitably

Fully consider reasonable accommodation to individuals withdisabilities

Check with your EEO Office with questions on whether reasonableaccommodation is appropriate

Only disclose medical information to officials with a need to knowand keep medical information separate from personnel files


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Manager & Supervisor Responsibilities

(continued)

Provide a reasonable amount of time to an employee to work on anEEO 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 ordisability. Act on all complaints of alleged discrimination orharassment


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Whistleblower Protection Laws(continued)

A Federal agency cannot retaliate against anemployee or applicant (through personnel action orotherwise) because that individual exercises his orher rights under the Whistleblower Protection Act

If an employee believes he/she has been subjected toretaliation via a personnel action within thejurisdiction 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


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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 theagencys decision, whichever is later.

If an Alternate Dispute Resolution (ADR) process is used, theemployee may extend the filing period by 30 days, for a total of60 days.

If the personnel actions do not fall under the MSPBjurisdiction, the employee must first file a complaintwith the OSC before filing an appeal with the MSPB.


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Filing a Whistleblower Protection

Complaint (continued)

After the OSC complaint process is exhausted, theappellant 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 thedate the date OSCs notification was received.

If OSC has not notified the appellant that it will seekcorrective action within 120 days of the filing date,the appellant may file an MSPB appeal at any timeafter the 120 day period expires.


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Where Do I go For More Information?

Discrimination Laws

Contact your local EEO Manager or the Director, DM/EEOIndian 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
http://www.hhs.gov/eeo/complaint.htmlhttp://www.hhs.gov/eeo/complaint.html


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Certificate of Completion for NoFEAR Act Training

Office of Diversity Management and Equal EmploymentOpportunity

This certifies that

has completed the online

training module for

NoFEAR Act Training

(Date)

Date post:	05-Apr-2018
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HHS NoFearActTraining 2010-Annual Req for Reports to Congress

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