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No Fear Act

Notification and Federal Employee Antidiscrimination and Retaliation (No Fear) Act of 2002

The Notification and Federal Employee Antidiscrimination and Retaliation (No Fear) Act of 2002 was passed by Congress and signed by President Bush on May 15, 2002, and became effective on October 1, 2003. The purpose of this Act is to require Federal agencies to be more accountable for violations of antidiscrimination and whistleblower protection laws. The Act applies to Federal employees, former Federal employees, and applicants for Federal employment.

The NOFEAR Act requires Federal Agencies to:

  • Reimburse the Judgment Fund for any funds paid on discrimination and whistleblower related judgments, awards, or settlements in cases brought to Federal District Court;

  • Notify employees and applicants for employment about their rights and remedies associated with violations of discrimination and whistleblower protection laws;

  • Provide an annual report on the implementation and enforcement of the Act to Congress, the Attorney General, and the Equal Employment Opportunity Commission (EEOC);

  • Post statistical data relating to Equal Employment Opportunity (EEO) complaints on the Agency's public website;

  • Develop an effective training program that supports the Act's objectives; and

  • Develop an appropriate disciplinary policy regarding actions against Federal employees who discriminate or retaliate in violation of the laws covered by the Act.

NOFEAR Act: Public Law 107-174 ( May 15, 2002 )
Equal Employment Opportunity Commission's Interim Final Rule on No Fear Act
Office of Personnel Management's Implementing Rule on No Fear Act

In addition, Title III of the NOFEAR Act requires Federal agencies to post certain statistical information on their public web sites concerning complaints of employment discrimination filed with them by employees, former employees and applicants for employment under 29 C.F.R. Part 1614. The specific data to be posted is described in section 301(b) of the Act and 29 CFR 1614.704. The required summary statistical data for EEO complaints filed with the SBA is posted below.

EEO Complaints