10 February 2010

[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]               
[Page 6703-6704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe10-110]                         

=======================================================================
-----------------------------------------------------------------------

NATIONAL INDIAN GAMING COMMISSION

 
Notice of Rights and Protections Available Under the Notification 
and Federal Employee Antidiscrimination and Retaliation Act of 2002

AGENCY: National Indian Gaming Commission.

ACTION: No FEAR Act Notice.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC) is publishing its 
notice under Title II of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002, Public Law 107-174 
(Act), as required by the Act and 5 CFR part 724. This notice describes 
the obligation of the NIGC and other federal agencies to notify all 
employees, former employees, and applicants for federal employment of 
the rights and protections available to them under federal 
antidiscrimination and whistleblower protection laws.

FOR FURTHER INFORMATION CONTACT: Steffani A. Cochran, Commissioner/EEO 
Director, National Indian Gaming Commission, or the NIGC's Office of 
the General Counsel, 1441 L Street, NW., Suite 9100, Washington, DC 
20005, 202-632-7003, or by facsimile at 202-632-7066 (not toll-free 
numbers). For further information regarding the No FEAR Act 
regulations, refer to 5 CFR part 724.

SUPPLEMENTARY INFORMATION:

No FEAR Act 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.'' Public Law 107-174, Summary. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if those agencies practice or tolerate discrimination.'' 
Public Law 107-174, Title I, General Provisions, section 101(1).
    The Act requires the NIGC to provide this notice to all of its 
employees, former employees, and applicants for federal employment to 
inform them of the rights and protections available to

[[Page 6704]]

them under federal antidiscrimination and whistleblower protection 
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 calendar 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).

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 (using 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 Web site (http://www.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 protection 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.

Disciplinary Actions

    Under the existing laws, each agency retains the right, where 
appropriate, to discipline a federal employee for conduct that is 
inconsistent with Federal Antidiscrimination and Whistleblower 
Protection Laws, up to and including removal from the federal service. 
If the 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.

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).

Additional Information

    Additional information regarding federal antidiscrimination, 
whistleblower protection, and retaliation laws can be found at the EEOC 
Web site (http://www.eeoc.gov) and the OSC Web site (http://
www.osc.gov).

George T. Skibine,
Acting Chairman.
Steffani A. Cochran,
Commissioner.
[FR Doc. 2010-2901 Filed 2-9-10; 8:45 am]
BILLING CODE 7565-02-P