No FEAR Act

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Overview

On May 15, 2002, President George W. Bush signed legislation called the No FEAR Act (Notification and Federal Anti-Discrimination and Retaliation Act of 2002), which increases Federal agency accountability for acts of discrimination or reprisal against employees. This act, which took effect on October 1, 2003, makes Federal agencies individually accountable for violations of antidiscrimination and whistleblower protection laws related to employment and ensures that employees, applicants for employment, and former employees know their rights under antidiscrimination laws and the Whistleblower Protection Act.

Under the No Fear Act, Federal agencies must pay for settlements, awards, or judgments against them in whistleblower and discrimination cases out of their own budgets.  In addition, the No FEAR Act also requires that employees be notified of their rights under discrimination laws and the Whistleblower Protection Act, 5 USC 2302(c). The U.S. Office of Special Counsel (OSC) is responsible for ensuring that Federal agencies meet their obligations to inform and educate their employees regarding the Whistleblower Protection Act.

Elijah E. Cummings Federal Employee Antidiscrimination Act

The Elijah E. Cummings Act requires each Federal agency to establish a model Equal Employment Opportunity (EEO) Program that is independent of the Agency's Human Capital or General Counsel office, and it establishes requirements related to complaints of discrimination and retaliation in the workplace.  In addition, the Agency must publish a notice of any final agency action or Equal Employment Opportunity Commission (EEOC) appellate decision involving a finding of prohibited discrimination or retaliation, and it must report certain data with respect to specified equal opportunity complaints. Further, each Agency must establish a system to track complaints of discrimination and include a notation of any adverse action taken against an employee for discrimination or retaliation in the employee's personnel record.

Moreover, the EEOC must refer to the Office of Special Counsel a matter about which it issues an appellate decision involving a finding of discrimination or retaliation within a federal agency, and the Office of Special Counsel shall accept and review such referral for purposes of seeking disciplinary action.  An employee who has authority to take, recommend, or approve any personnel action shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to (1) a violation of any law, rule, or regulation; (2) mismanagement, gross waste of funds, or abuse of authority; (3) a substantial and specific danger to public health or safety; or (4) any other whistleblower protection.

Annual No Fear Act Notice

The Office of Small Business and Civil Rights (SBCR) takes this opportunity by providing the U.S. Nuclear Regulatory Commission (NRC) employees, former employees, and applicants for employment with an annual notification of their rights and protections made available in the workplace under Federal antidiscrimination and whistleblower protection laws.  The intent of the Act, then and now, is to reduce the incidences of workplace discrimination and retaliation by holding the Agency accountable, and to reinvigorate its obligation to provide a work environment free of discrimination and retaliation. 

Antidiscrimination Laws and Reprisal

The NRC cannot discriminate against an employee (current or former) or applicant for employment with respect to the terms, conditions, or privileges of employment on the basis of race, color, national origin, religion, sex (including sexual orientation, gender identity and expressions, and pregnancy), disability, marital status, political affiliation, or genetic information.  The NRC is also prohibited from subjecting employees to reprisal (retaliation) for either participating in a protected activity or opposing practices made unlawful by relevant civil rights statutes and regulations.  Discrimination of this type is prohibited by one or more of the following statutes: 5 United States Code (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.  To find more information about each of these, please see statutes.

If you believe that you have been the victim of unlawful discrimination of the basis of race, color, national origin, religion, sex (including sexual orientation, gender identity and expressions, and pregnancy), disability, marital status, political affiliation, genetic information, and/or reprisal, 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 the NRC.

Moreover, 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 the 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).  As an alternative, you may pursue a discrimination complaint by filing a grievance through NRC’s Collective Bargaining Agreement (CBA) administrative or negotiated grievance procedures.

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.

In addition, retaliation against an employee or applicant for employment is prohibited because that individual exercised his/her/their rights under whistleblower protection laws (5 U.S.C. §2302(b)(8)).  If you believe you have been the victim of retaliation for whistleblowing activities, you can contact the Office of the Inspector General at whistleblower_coordinator@nrc.gov or the Office of Special Counsel (OSC).

Disciplinary Actions

Under the existing laws, the NRC retains the right, where appropriate, to discipline a Federal employee who engaged in discriminatory or retaliatory conduct, up to and including removal from Federal service.  There is no provision under the No FEAR Act that alters existing laws or permits the NRC to take unfounded disciplinary action against an employee or to violate the procedural rights of an employee who was accused of discrimination.

Discrimination Complaint Activity

Pursuant to Section 301 of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (the No Fear Act), the NRC has posted summary statistical data pertaining to complaints of employment discrimination filed by employees, former employees and applicants for employment under 29 CFR Part 1614. The specific data posted is described in section 301(b) of the Act and 29 CFR 1614.704.

Printable Version

 

NRC Discrimination Complaint Activity

Equal Employment Opportunity Data Posted Pursuant to the No Fear Act:

NRC (and below)

For 1st Quarter FY 2022 for period ending December 31, 2021

Complaint Activity Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
2017 2018 2019 2020 2021
Number of Complaints Filed 19 20 19 25 15 5
Number of Complaints 19 20 19 25 15 5
Repeat Filers 0 0 0 0 0 0

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Complaints by Basis Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
Note: Complaints can be filed alleging multiple bases.
The sum of the bases may not equal total complaints filed.
2017 2018 2019 2020 2021
Race 4 12 8 12 6 4
Color 1 5 2 1 2 3
Religion 1 1 1 0 0 0
Reprisal 11 8 12 14 9 2
Sex 10 13 9 8 9 3
PDA 0 0 0 0 0 0
National Origin 1 7 4 3 1 0
Equal Pay Act 0 0 0 1 0 0
Age 13 7 10 10 6 3
Disability 6 4 4 3 0 2
Genetics 1 0 0 0 0 0
Non-EEO 0 0 0 2 0 0

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Complaints by Issue Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
Note: Complaints can be filed alleging multiple bases.
The sum of the bases may not equal total complaints filed.
2017 2018 2019 2020 2021
Appointment/Hire 0 0 1 0 0 0
Assignment of Duties 9 8 5 5 3 0
Awards 4 0 3 3 0 0
Conversion to Full-time 0 0 0 0 0 0
Disciplinary Action
Demotion
0 0 0 1 0 0
Reprimand
0 0 0 0 0 0
Suspension
1 1 1 0 0 1
Removal
0 1 0 1 0 0
Other
0 0 0 2 0 0
Duty Hours 0 0 0 0 0 0
Perf. Eval./Appraisal 5 5 6 6 7 1
Examination/Test 2 0 0 0 0 0
Harassment
Non-Sexual
10 11 10 11 17 3
Sexual
1 0 0 0 0 0
Medical Examination 0 0 0 0 0 0
Pay (Including Overtime) 0 0 3 0 0 0
Promotion/Non-Selection 6 2 7 6 7 2
Reassignment
Denied
0 1 0 0 2 0
Directed
1 0 2 0 1 0
Reasonable Accommodation Disability 3 2 3 0 0 1
Reinstatement 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0
Retirement 0 0 1 0 0 0
Sex-Stereotyping 2 0 0 2 0 0
Telework 0 0 2 2 0 0
Termination 0 1 0 0 1 0
Terms/Conditions of Employment 2 2 3 9 4 1
Time and Attendance 4 1 1 6 2 3
Training 4 3 1 2 1 0
Other
User Defined – Other 1
0 0 0 1 0 0
User Defined – Other 2
0 0 0 0 0 0
User Defined – Other 3
0 0 0 0 0 0
User Defined – Other 4
0 0 0 0 0 0

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Processing Time Comparative Data
Previous Fiscal Year Data 2022 Thru
12-31
2017 2018 2019 2020 2021
Complaints pending during fiscal year
Average number of days in investigation
262.15 271.50 285.30 262.36 283.85 356.00
Average number of days in final action
27.00 53.00 60.00 29.50 39.50 4.00
Complaint pending during fiscal year where hearing was requested
Average number of days in investigation
255.78 274.00 322.67 247.00 292.64 215.00
Average number of days in final action
27.00 0 0 15.00 39.50 4.00
Complaint pending during fiscal year where hearing was not requested
Average number of days in investigation
276.50 289.00 269.83 283.67 263.33 339.50
Average number of days in final action
0 53.00 60.00 60.00 0 0

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Complaints Dismissed by Agency Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
2017 2018 2019 2020 2021
Total Complaints Dismissed by Agency 6 3 4 9 2 0
Average days pending prior to dismissal 298 88 256 266 266 0
Complaints Withdrawn by Complainants
Total Complaints Withdrawn by Complainants 1 1 2 2 0 0

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Total Final Agency Actions Finding Discrimination Comparative Data
Previous Fiscal Year Data

 

2022
Thru
12-31
2017 2018 2019 2020 2021
# % # % # % # % # % # %
Total Number Findings 0   0   0   0   0   0  
Without Hearing
0 0 0 0 0 0 0 0 0 0 0 0
With Hearing
0 0 0 0 0 0 0 0 0 0 0 0

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Findings of Discrimination Rendered by Basis Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
Note: Complaints can be filed alleging multiple bases.
The sum of the bases may not equal total complaints and findings.
2017 2018 2019 2020 2021
# % # % # % # % # % # %
Total Number Findings 0   0   0   0   0   0  
Race
0 0 0 0 0 0 0 0 0 0 0 0
Color
0 0 0 0 0 0 0 0 0 0 0 0
Religion
0 0 0 0 0 0 0 0 0 0 0 0
Reprisal
0 0 0 0 0 0 0 0 0 0 0 0
Sex
0 0 0 0 0 0 0 0 0 0 0 0
PDA
0 0 0 0 0 0 0 0 0 0 0 0
National Origin
0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act
0 0 0 0 0 0 0 0 0 0 0 0
Age
0 0 0 0 0 0 0 0 0 0 0 0
Disability
0 0 0 0 0 0 0 0 0 0 0 0
Genetics
0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO
0 0 0 0 0 0 0 0 0 0 0 0
 
Findings After Hearing 0   0   0   0   0   0  
Race
0 0 0 0 0 0 0 0 0 0 0 0
Color
0 0 0 0 0 0 0 0 0 0 0 0
Religion
0 0 0 0 0 0 0 0 0 0 0 0
Reprisal
0 0 0 0 0 0 0 0 0 0 0 0
Sex
0 0 0 0 0 0 0 0 0 0 0 0
PDA
0 0 0 0 0 0 0 0 0 0 0 0
National Origin
0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act
0 0 0 0 0 0 0 0 0 0 0 0
Age
0 0 0 0 0 0 0 0 0 0 0 0
Disability
0 0 0 0 0 0 0 0 0 0 0 0
Genetics
0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO
0 0 0 0 0 0 0 0 0 0 0 0
 
Findings Without Hearing 0   0   0   0   0   0  
Race
0 0 0 0 0 0 0 0 0 0 0 0
Color
0 0 0 0 0 0 0 0 0 0 0 0
Religion
0 0 0 0 0 0 0 0 0 0 0 0
Reprisal
0 0 0 0 0 0 0 0 0 0 0 0
Sex
0 0 0 0 0 0 0 0 0 0 0 0
PDA
0 0 0 0 0 0 0 0 0 0 0 0
National Origin
0 0 0 0 0 0 0 0 0 0 0 0
Equal Pay Act
0 0 0 0 0 0 0 0 0 0 0 0
Age
0 0 0 0 0 0 0 0 0 0 0 0
Disability
0 0 0 0 0 0 0 0 0 0 0 0
Genetics
0 0 0 0 0 0 0 0 0 0 0 0
Non-EEO
0 0 0 0 0 0 0 0 0 0 0 0

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Findings of Discrimination Rendered by Issue Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
2017 2018 2019 2020 2021
# % # % # % # % # % # %
Total Number Findings 0   0   0   0   0   0  
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion
0 0 0 0 0 0 0 0 0 0 0 0
Reprimand
0 0 0 0 0 0 0 0 0 0 0 0
Suspension
0 0 0 0 0 0 0 0 0 0 0 0
Removal
0 0 0 0 0 0 0 0 0 0 0 0
Other
0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Perf. Eval./ Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied
0 0 0 0 0 0 0 0 0 0 0 0
Directed
0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other – User Define
User Defined – Other 1
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 2
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 3
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 4
0 0 0 0 0 0 0 0 0 0 0 0
 
Findings After Hearing 0   0   0   0   0   0  
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion
0 0 0 0 0 0 0 0 0 0 0 0
Reprimand
0 0 0 0 0 0 0 0 0 0 0 0
Suspension
0 0 0 0 0 0 0 0 0 0 0 0
Removal
0 0 0 0 0 0 0 0 0 0 0 0
Other
0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Perf. Eval./ Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied
0 0 0 0 0 0 0 0 0 0 0 0
Directed
0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other – User Define
User Defined – Other 1
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 2
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 3
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 4
0 0 0 0 0 0 0 0 0 0 0 0
 
Findings Without Hearing 0   0   0   0   0   0  
Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0
Assignment of Duties 0 0 0 0 0 0 0 0 0 0 0 0
Awards 0 0 0 0 0 0 0 0 0 0 0 0
Conversion to Full Time/Perm Status 0 0 0 0 0 0 0 0 0 0 0 0
Disciplinary Action
Demotion
0 0 0 0 0 0 0 0 0 0 0 0
Reprimand
0 0 0 0 0 0 0 0 0 0 0 0
Suspension
0 0 0 0 0 0 0 0 0 0 0 0
Removal
0 0 0 0 0 0 0 0 0 0 0 0
Other
0 0 0 0 0 0 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0
Perf. Eval./ Appraisal 0 0 0 0 0 0 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0
Harassment
Non-Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Sexual
0 0 0 0 0 0 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0 0 0 0 0 0 0
Pay including overtime 0 0 0 0 0 0 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0 0 0 0 0 0 0
Reassignment
Denied
0 0 0 0 0 0 0 0 0 0 0 0
Directed
0 0 0 0 0 0 0 0 0 0 0 0
Reasonable Accommodation Disability 0 0 0 0 0 0 0 0 0 0 0 0
Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0
Religious Accommodation 0 0 0 0 0 0 0 0 0 0 0 0
Retirement 0 0 0 0 0 0 0 0 0 0 0 0
Sex-Stereotyping 0 0 0 0 0 0 0 0 0 0 0 0
Telework 0 0 0 0 0 0 0 0 0 0 0 0
Termination 0 0 0 0 0 0 0 0 0 0 0 0
Terms/Conditions of Employment 0 0 0 0 0 0 0 0 0 0 0 0
Time and Attendance 0 0 0 0 0 0 0 0 0 0 0 0
Training 0 0 0 0 0 0 0 0 0 0 0 0
Other – User Define
User Defined – Other 1
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 2
0 0 0 0 0 0 0 0 0 0 0 0
User Defined – Other 3
0 0 0 0 0 0 0 0 0 0 0 0
User Defined - Other 4
0 0 0 0 0 0 0 0 0 0 0 0

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Pending Complaints Filed in Previous Fiscal Years by Status Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
2017 2018 2019 2020 2021
Total complaints from previous Fiscal Years 9 8 11 13 18 26
Total Complainants 9 8 11 13 16 21
Number complaints pending
Investigation
0 0 0 2 2 7
ROI issued, pending Complainant's action
0 1 1 1 0 0
Hearing
9 6 10 7 14 15
Final Agency Action
0 1 0 3 1 2
Appeal with EEOC Office of Federal Operations
5 5 5 9 8 6

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Complaint Investigations Comparative Data
Previous Fiscal Year Data 2022
Thru
12-31
2017 2018 2019 2020 2021
Pending Complaints Where Investigations Exceed Required Time Frames 0 0 3 7 2 2

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Page Last Reviewed/Updated Monday, January 24, 2022