SMC EEO Complaint ADR Activity – CY05

							         Notification and Federal Employee Anti-
          Discrimination and Retaliation Act
                of 2002 Requirements




                                         Rumors
Communication of
  Perceptions

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              No Fear Act

   An Act that requires Federal agencies be
        accountable for violations of anti-
  discrimination and whistleblower protection
laws; to require that each Federal agency post
     quarterly on its public website, certain
statistical data relating to Federal sector equal
 employment opportunity complaints filed with
such agency; and for other purposes. This act
   was signed into law by President Bush on
                  May 15, 2002.

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            Overview of EEO Law:
               Federal Statutes
Title   VII of the Civil Rights Act of 1964
   Age Discrimination in Employment Act of 1967
(“ADEA”)
   Rehabilitation Act of 1973 (“Rehab Act”)
   Americans with Disabilities Act of 1990 (“ADA”)
   Equal Pay Act of 1963 (“EPA”)
   Executive Order 13087 Sexual Orientation
   Whistleblower Protection Laws

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             Overview
Effective date of Act is 1 October 2003
                          Title I
            Background and Purpose
                          Title II
                Agency Requirements
                    Rulemaking by OPM
                         Title III
                Posting Requirements
                    Rulemaking by EEOC

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                   Title I
           Congressional Findings:
 Agencies cannot run             Annual Reports to
effectively if                   Congress should
discrimination is                improve oversight
practiced or tolerated
                                  Payments for
 Evidence points to
chronic problems of              discrimination and
discrimination and               Whistleblower
relations against federal        judgments and
employees                        settlements should
                                 improve agency
 Notification of
discrimination and               accountability
Whistleblower laws
should increase agency
compliance



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   Title II-Requirements

Reimbursement Requirements
Federal agencies must reimburse the
Judgment Fund of the Treasury for any
Federal district court judgments, awards,
and compromise settlements made to
Federal employees, former Federal
employees or to applicants as a result of
violations or alleged violations of Federal
discrimination laws, Whistleblower protection
laws and/or retaliation claims arising from
employees assertion of their rights under
these laws.


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    Written Notification and
     Training Requirement
 Federal employees, former Federal
employees and applicants for Federal
employment must be provided with their
rights and protections in connection with the
respective provisions of law covered under
the No Fear Act.
 Written notifications of rights and
protections of Federal employees must be
posted on the agency’s Website.
 Agencies must conduct training to its
Federal employees about these rights and
protections.

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            Annual Reports
 An annual report            The report must
must be submitted            include, but is not
to certain                   limited to: the
Congressional                number and types
committees, the              of complaints filed;
Equal Employment             the amount of
Opportunity                  reimbursements; a
Commission, and              description of the
the Attorney                 policy implemented
General.                     for disciplinary
                             action against
                             employees who
                             discriminate against
                             individuals.


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Other Requirements
    Issuance of Rules
    Clarification of Remedies
    Studies by Government
    Accounting Office (GAO)




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Title III Posting Requirements
   Federal agencies must post on its
 public website, a summary of
 statistical data relating to equal
 employment opportunity complaints
 filed with the agency.
  The Equal Employment
 Opportunity Commission will post
 on its public website, a summary
 statistical data relating to hearings
 and appeals requested on
 complaints with the agency.
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       Title III Federal Agency Data
       Posting Requirements (Overall)
   Number of complaints
   Number of complainants
   Number of multiple filers
   Breakdown by basis
   Breakdown by issue
 Average processing time for each step of the
process
 Number of complaints dismissed/pending before
dismissal
 Number of final agency actions involving findings
of discrimination

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         Title III Federal Agency Data
            Posting Requirements
 Findings of discrimination (agency action) on basis
rendered without a hearing, and after hearing
 Findings of discrimination (agency action) for each
issue rendered without a hearing, and after hearing
  Number of complaints carried over from the last
fiscal year; individuals who filed those complaints in
previous years; and complaints pending at various
stages
 Number of over-aged complaints/authorized
extensions
   The overall number of hearings requested
The overall number of appeals from agency final
decisions
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 Additional Information

 Additional information can be
obtained by reviewing the
complete text of the No Fear
Act, Located on the following
Website:
    http://www.sec.gov/eeoinfo/nofearact.pdf


 EEOC reports and other data/
information can be found at:
http://search.access.gpo.gov//eeoc/SearchRight.asp?ct=eeoc&q1=no+fear+act




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    Contact Information

Carlos Trevino EEO/ADR Manager
47 FTW/CCD
561 Liberty Drive, Suite 1
Laughlin AFB TX 78843-5230
Office Phone Number (830) 298-
5879
E-mail Address:
carlos.trevino@laughlin.af.mil

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Air Staff Contact Information

 Ms Debra Hoffman – SAF/A1SF
 Tel: 703-695-8283 - DSN: 225
 FAX: 703-614--0099 – DSN: 224

 www.debra.hoffmann@pentagon.af.mil
         ___________

 Mr. Solomon Starks – SAF/A1SF
 Tel: 703-693-5391 – DSN: 223
 FAX: 703-614-0099 – DSN: 224

 www.solomon2.starks@pentagon.af.mil



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