NO FEAR ACT
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 No FEAR Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Pub. L. 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Pub. L. 107– 74, Title I, General Provisions, section 101(1).
The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform them of their rights and protections. All NSWC PCD staff are required to complete a mandatory No FEAR Act training. NSWC PCD is committed to complying with the policies, regulations and procedures as outlined in the Act.
The intent of the Act 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 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 website;
- 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;
- Produce annual reports of status and progress to Congress, the Attorney General, and the U.S. Equal Employment Commission; and
- Provide statistical data relating to the Department of the Navy equal employment opportunity complaints.
NAVSEA No FEAR Act Data Report