Policy Statement on the Implementation of the Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act of 2002, Public Law 107-174

On May 15, 2002, President Bush signed the No FEAR Act (“the Act”), which requires Federal agencies to be accountable for violations of antidiscrimination and whistle blower protection laws. The Act also requires Federal agencies to: (a) notify and train Federal employees, former Federal employees and applicants for Federal employment of their rights and protections available to them under the Federal antidiscrimination, whistleblower protection and retaliation laws; and (b) post statistical data relating to Federal sector Equal Employment Opportunity (EEO) complaints on its public website.

The Act mandates that Federal agencies will provide annual reports to Congress on:

(a) the number of cases that were filed in Federal district court resulting in judgments, or awards or compromised settlements; (b) the disposition of those cases; (c) the money required to be reimbursed; and (d) the number of employees disciplined for discrimination, retaliation, harassment, or other infractions of a provision of law cited in the Act.

I fully support the principles of the Act and it is the Department’s policy to strictly prohibit EEO discrimination, harassment, and interference/retaliation when making protected disclosures as specified in the whistleblower protections laws. For more detailed information concerning the rights and protections of Federal employees, former employees, and applicants for Federal employment under the Act, you may refer to the Department’s website at: www.dotcr.ost.dot.gov/asp/nofear.asp#2 or contact the Departmental Office of Civil Rights’ Compliance Operations Division at (202) 366-9370, TTY (202) 366-0663 or toll-free (866) 355-7147.

The Department’s goal is to be a model Federal employer and I have charged the Assistant Secretary for Administration and the Director of the Departmental Office of Civil Rights with joint responsibility for effectively implementing the No FEAR Act’s requirements. I expect all Departmental offices and operating administrations to provide their full support and necessary resources as required to ensure our complete compliance with the Act. This also includes the timely submission of all requested information for the annual report to Congress.

Mary E. Peters