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 Act is to "require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws." Public Law 107-174, Summary.
The Act requires USAID to provide notice to Federal employees, former Federal employees, and applicants for Federal employment of their rights and protections available under Federal antidiscrimination and whistleblower protection laws.
The Act also requires USAID to post on its public website statistical Equal Employment Opportunity (EEO) data. This data is updated on a quarterly basis.
For additional information on the No FEAR Act, you may contact the Office of Civil Rights at EEOcomplaints@usaid.gov.
No FEAR Act Notice
Antidiscrimination Laws
A Federal agency cannot discriminate against an employee or applicant for employment with respect to the terms, conditions or privileges of employment based on
- race
- color
- religion
- sex (including pregnancy, sexual orientation, gender identity, or transgender status) national origin
- age (40 and over)
- physical or mental disability
- genetic information
- marital or parental status
- veteran status
- membership in an employee organization
- political affiliation, or
- involvement in protected EEO activity.
If you believe that you have been the victim of unlawful discrimination, you must contact an 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. See, e.g. 29 C.F.R. 1614. 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 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) (see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the Agency's administrative or negotiated grievance procedures, if such procedures apply and are available.
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.
Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC-11) with the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online through the OSC Web site http://www.osc.gov.
Retaliation for Engaging in Protected Activity
A Federal agency cannot retaliate against an employee or applicant because that individual exercises their rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy.
Disciplinary Actions
Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection Laws up to and including removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination.
Reaffirming USAID’s Commitment to Equal Employment Opportunity
Administrator Power’s statement underscores federal law and USAID policy to prohibit discrimination, harassment, and EEO-related retaliation in the workplace in all employment-related decisions, including, but not limited to, recruitment, hiring, training, development and advancement, benefits, employee engagement and retention, and separations.
Additional Information
For further information regarding the No FEAR Act regulations, or to reach out to an EEO counselor to file an EEO complaint or the Director of the Office of Civil Rights, you may contact the USAID Office of Civil Rights at EEOcomplaints@usaid.gov. Additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws can be found at the EEOC website and the OSC website.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice creates, expands or reduces any rights otherwise available to any employee, former employee, or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d).
Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020
USAID is committed to creating and maintaining a work environment where all individuals are treated with respect and dignity. USAID seeks to develop and maintain an environment where individuals can enjoy equal employment opportunities free from any form of misconduct, including reprisal, as defined by Federal law or Agency policy. The Agency is deeply committed to advancing diversity, equity, inclusion, and accessibility.
The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 amends the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002 to strengthen federal antidiscrimination laws enforced by the EEOC and expands accountability within Federal agencies. This law requires Federal agencies to post notification of a finding of discrimination (including retaliation) that has been made against them. The notice must be posted online on the agency’s website for a period of one year, and state that a finding of discrimination (including retaliation) has been made, including identifying the date on which the finding was made, the date of each discriminatory act, the law(s) violated, and to advise employees of the rights and protections available under applicable civil rights laws.
Affirmative Employment
Building Equity and Inclusion through Engagement, Outreach, Education, and Analysis
The Office of Civil Rights, Affirmative Employment Division (OCR/AE) is a statutorily required division of the Agency. 29 CFR 1614.102(b)(4) requires that the OCR/AE Division:
- Advise USAID leadership on proactive steps to ensure equal employment opportunity for all employees and applicants for employment.
- Assist the Agency in eliminating disparate treatment that denies equal opportunities to racial and ethnic minorities, women, and persons with disabilities and targeted disabilities.
- Recommend strategies to eradicate institutional and systemic bias and discrimination from USAID policies, processes, practices, and working conditions, by:
- identifying triggers (trends, disparities, or anomalies) in workforce data and other information (e.g., exit surveys, harassment complaint issues/bases) that suggest the need to examine USAID policies, processes, practices, or working conditions.
- identifying barriers in USAID policies, processes, practices, and working conditions that operate to exclude groups from equal opportunity, workplace participation, and throughout the employment life cycle (recruitment, development and advancement, recognition, and retention), and
- uncovering, examining, and working to remove those barriers where they exist.
- Monitor and report on USAID’s progress in achieving a workforce representative of the United States.
For further information regarding the Affirmative Employment Division, or to reach out to a Special Emphasis Program Manager, you may contact the USAID Office of Civil Rights at ocr-affirmative-employment-program@usaid.gov.
