No FEAR Act Data

The Notification and Federal Employee Anti-discrimination and Retaliation (No FEAR) Act of 2002 (Public Law No. 107-174) was passed by both houses of Congress and was signed into law by President Bush on May 15, 2002. This landmark legislation became effective on October 1, 2003.

In 2020 the Elijah E. Cummings Federal Employee Anti-discrimination and Retaliation Act, also known as the ECA or H.R. 135 (116th), was developed to amend the No FEAR Act of 2002 in order to strengthen Federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) and expand accountability within the Federal Government.

The intent of the Act and Amendment is to help ensure that federal agencies...

• Demonstrate a commitment to ensuring that employees who pursue claims under the federal administrative equal employment opportunity (EEO) complaint process and who engage in whistleblower activities are protected and are not retaliated against; and

• Act more expeditiously to resolve complaints that are raised at the administrative level when it is appropriate to do so.

In addition, the No FEAR Act and ECA requires federal agencies to...

• Notify employees and applicants for employment about their rights and remedies applicable to employees under this law cited in section 201(c) (Title 5, United States Code, Section 2302(b));

• Post statistical data relating to federal sector equal employment opportunity complaints on its public Web site;

• Ensure that their managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;

• Conduct studies on the trends and causes of complaints of discrimination;

• Implement new measures to improve the complaint process and the work environment;

• Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal;

• Reimburse the Judgment Fund for any discrimination- and whistleblower-related settlements or judgments reach in Federal court; and

• Produce annual reports of status and progress to Congress, the Attorney General, and the U.S. Equal Employment Commission.

• Independent Equal Employment Opportunity (EEO) Program to ensure that there is a barrier between the EEO offices and Office of Human Resources (OHR) and Office of General Counsel (OGC).

• Publish all notices of final agency action or Equal Employment Opportunity Commission’s (EEOC) decision involving a finding of discrimination both physically and electronically within 90 days of finding and post for up to 1 (one) year.

• Track complaints of discrimination and include a notation of any disciplinary action taken against an employee found of committing discrimination or retaliation.

• EEOC may refer matters from Federal Agencies which resulted in a Finding of discrimination directly to the Office of Special Counsel (OSC).

• Any employee who has authority to take, recommend, or approve any personnel action (typically a manager or supervisor) shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to:

  • a violation of any lawn, rule, or regulation;

  • mismanagement, gross waste of funds, or abuse of authority;

  • a substantial and specific danger to public health or safety; or

  • any other whistle-blower protection.

Statistical data relating to the Department of Health and Human Services equal employment opportunity complaints is available on the DHHS Web site.

NIH No FEAR Act Data Report

Note: Complaints can be filed alleging multiple cases. The sum of the bases may not equal total complaints and findings.