No FEAR Act

No FEAR Act (as amended)

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002

Pursuant to the requirements of 5 CFR 724.202 ("Notice obligations"), the Office of the Director of National Intelligence hereby publishes this No FEAR Act Notice. The purpose of this notice is to inform ODNI and Intelligence Community employees, former employees, and applicants for employment of the rights and protections available under Federal antidiscrimination and whistleblower protection laws. This Notice follows the model language provided by the Office of Personnel Management in the Final Rule, Implementation of Title II of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 - Notification & Training (71 Fed. Reg. 41095). Any questions regarding this notice should be directed to ODNI Equal Employment Opportunity hotline – 301-243-0704

 

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. The Act is intended to "require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws." Public Law 107-174, Summary. In support of this purpose, Congress found that "agencies cannot run effectively if those agencies practice or tolerate discrimination." Public Law 107-174, Title I, General Provisions, section 101(1).

 

The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws.

 

On January 1, 2021, Congress enacted the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 as part of William M. Thornberry National Defense Authorization Act for Fiscal Year 2021. The amendment requires additional reporting and accountability measures to ensure greater transparency and implementation of corrective actions when necessary.

 

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).

Online Posting of EEO Complaint Data

The Notification and Federal Employee Anti-discrimination and Retaliation (No FEAR) Act requires each federal agency to post on its public website summary statistical data relating to equal employment opportunity complaints filed against the agency. The agency must post data for the current fiscal year on a cumulative basis (year-to-date information), updated quarterly. An agency must also post year-end data for the five previous fiscal years for comparison purposes. The posting of EEO data on agency public websites is intended to help Congress, Federal agencies, and the public assess whether and the extent to which agencies are living up to their equal employment opportunity responsibilities.

Fiscal 2006 is the first available year for data related to the equal employment opportunity complaints filed against the Office of the Director of National Intelligence. The ODNI was established with enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 on December 17, 2004, Public Law 108-458. The first Director of National Intelligence, Ambassador John D. Negroponte, was confirmed by the Senate and sworn in on April 21, 2005. In January 2006, the DNI appointed the agency's first Chief, Intelligence Community EEO and Diversity, Mr. John Robinson, and tasked him with establishing internal processes within the ODNI while exercising the DNI's authority in the area of EEO and diversity throughout the Intelligence Community.

No Fear Act Quarterly Reports (5 years)

No FEAR Act Fiscal Reports