Whistleblower Protection Enhancement Act and No FEAR Act

At a glance

The No FEAR Act ensures federal agencies are held accountable for anti-discrimination violations and requires CDC to provide notice of this act to employees. CDC collects and publishes complaint data on the No FEAR Act regularly. The Whistleblower Protection Enhancement Act also plays a role to ensure protections as needed.

Background

The Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 20021 was passed by both houses of Congress. It was signed into law by President Bush on May 15, 2002. This landmark legislation became effective on October 1, 2003.

The intent of the Act is to help ensure that federal agencies:

  • Demonstrate a commitment to ensuring that there is no retaliation against employees who:
    • Pursue claims under the federal administrative equal employment opportunity (EEO) complaint process.
    • Engage in whistleblower activities are protected and are not retaliated against.
  • Act more expeditiously to resolve complaints that are raised at the administrative level when it is appropriate to do so.

For more information about the No FEAR Act, please visit the Office of Personnel Management.

Purpose

One purpose of the Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’2 In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’3

The Act requires this agency to provide this notice to inform the following of their rights and protections:

  • Current Federal employees
  • Former Federal employees
  • Applicants for Federal employment

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)4.
  • Post statistical data relating to federal sector equal employment opportunity complaints on its public Web site.
  • Ensure 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.
  • Statistical data on the Department of Health and Human Services equal employment opportunity complaints is available on the DHHS Web site.

What CDC is doing

All CDC/ATSDR staff is required to complete a mandatory No FEAR Act training. CDC/ATSDR is committed to complying with the polices, regulations and procedures as outlined in the Act.

CDC's data reports

Fiscal Year 2024

Fiscal Year 2023

Fiscal Year 2022

Fiscal Year 2021

Fiscal Year 2020

Fiscal Year 2019

Whistleblower Protection Enhancement Act

Under the Whistleblower Protection Enhancement Act of 2012 (WPEA)5, agencies making use of any nondisclosure policy, form, or agreement shall also post the following quoted statement on their agency website:

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

See 5 USCA § 2302 Note; Pub.L. No. 112–199, 126 Stat. 1465.

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Content Source:
About the Office of Equal Employment Opportunity and Workplace Equity (OEEOWE)
  1. Public Law No. 107-174
  2. Pub. L. 107–174, Summary
  3. Pub. L. 107– 74, Title I, General Provisions, section 101(1)
  4. Title 5, United States Code, Section 2302(b)
  5. P.L. 112-199