No-FEAR Act
Encyclopedia
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 is a United States federal law that seeks to discourage federal managers and supervisors from engaging in unlawful discrimination and retaliation. It is popularly called the No-FEAR Act, and is also known as Public Law 107–174.
guilty of violating the civil rights of Dr. Marsha Coleman-Adebayo
on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964
. She was awarded $600,000. The EPA had refused to promote Coleman-Adebayo
shortly after she alleged the presence of environmental and health problems at the Brits, South Africa
, vanadium
mines.
Sparked by this outcome, Congressman F.James Sensenbrenner
, Chairman of the House Judiciary Committee
and Texas
Congresswoman Sheila Jackson-Lee introduced the No-FEAR Act into Congress. Dr. Coleman-Adebayo
founded the No FEAR Institute to organize support for the bill's purposes while continuing to work for the EPA. The No FEAR Institute spearheaded the No FEAR Coalition to advocate for passage of the Act.
President George W. Bush
signed it into law on May 15, 2002, making it the first United States
civil rights
law of the 21st Century.
Congress finds that—
(1) Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination;
(2) Congress has heard testimony from individuals,
including representatives of the National Association for the
Advancement of Colored People and the American Federation
of Government Employees, that point to chronic problems of
discrimination and retaliation against Federal employees
(3) in August 2000, a jury found that the Environmental
Protection Agency had discriminated against a senior social
scientist, and awarded that scientist $600,000;
(4) in October 2000, an Occupational Safety and Health
Administration investigation found that the Environmental
Protection Agency had retaliated against a senior scientist for
disagreeing with that agency on a matter of science and for
helping Congress to carry out its oversight responsibilities;
(5) there have been several recent class action suits based
on discrimination brought against Federal agencies, including
the Federal Bureau of Investigation, the Bureau of Alcohol,
Tobacco, and Firearms, the Drug Enforcement Administration,
the Immigration and Naturalization Service, the United States
Marshals Service, the Department of Agriculture, the United
States Information Agency, and the Social Security Administration;
(6) notifying Federal employees of their rights under
discrimination and whistleblower laws should increase Federal
agency compliance with the law;
(7) requiring annual reports to Congress on the number
and severity of discrimination and whistleblower cases brought
against each Federal agency should enable Congress to improve
its oversight over compliance by agencies with the law; and
(8) requiring Federal agencies to pay for any discrimination
or whistleblower judgment, award, or settlement should
improve agency accountability with respect to discrimination
and whistleblower laws.
and retaliation violations out of their own budgets. They are required to reimburse the General Fund of the Treasury within a reasonable time of any such award.
Section 202 requires notification to all federal employees and applicants for employment about their rights under federal law. Such notification is now made on the Internet
. All federal agencies are also required to provide training to all their employees about their rights and remedies under antidiscrimination and anti-retaliation laws.
Finally, Section 203 requires annual reports from each agency stating:
(1) the number of discrimination and retaliation cases filed against the agency;
(2) the status of those cases;
(3) the amount of money the agency must pay in connection with each case, stating separately the amount for the payment of attorneys’ fees,
if any;
(4) the number of employees disciplined for discrimination,
retaliation, harassment, or any other infraction of antidiscrimination and retaliation laws;
(5) equal employment opportunity data;
(6) the agency's policy on disciplinary actions against Federal
employees who discriminate or retaliate, and the number
of employees who are disciplined in accordance with such
policy and the specific nature of the disciplinary action
taken;
(7) an analysis of the information including—
(A) an examination of trends;
(B) causal analysis;
(C) practical knowledge gained through experience; and
(D) any actions planned or taken to improve complaint
or civil rights programs of the agency; and
(8) any adjustment to comply with the requirements under section 201.
The Act also permits rule-making, and requires studies of retaliation and discrimination by federal agencies.
and others have criticized implementation of the No-FEAR Act on grounds that agencies are abusing the provision allowing them a "reasonable" time to make their reimbursements to the General Fund of the Treasury. They have proposed a No-FEAR II Act to set a time limit for such reimbursements, and to increase the penalties for violations.
and Joslyn Barnes announced plans to make a movie about Dr. Coleman-Adebayo's experience.http://www.nofearcoalition.org/index.html
Enactment
On August 18, 2000, a federal jury found the US Environmental Protection Agency (EPA)United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
guilty of violating the civil rights of Dr. Marsha Coleman-Adebayo
Marsha Coleman-Adebayo
Marsha Coleman-Adebayo was a senior policy analyst for the United States Environmental Protection Agency . Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not...
on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
. She was awarded $600,000. The EPA had refused to promote Coleman-Adebayo
Marsha Coleman-Adebayo
Marsha Coleman-Adebayo was a senior policy analyst for the United States Environmental Protection Agency . Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not...
shortly after she alleged the presence of environmental and health problems at the Brits, South Africa
Brits, North West
Brits is a large town and district situated in a fertile, citrus, vegetable and grain-producing area that is irrigated by the waters of the Hartbeespoort Dam in North West Province of South Africa. It is close to the City of Tshwane Metropolitan Municipality in Gauteng, which includes Pretoria and...
, vanadium
Vanadium
Vanadium is a chemical element with the symbol V and atomic number 23. It is a hard, silvery gray, ductile and malleable transition metal. The formation of an oxide layer stabilizes the metal against oxidation. The element is found only in chemically combined form in nature...
mines.
Sparked by this outcome, Congressman F.James Sensenbrenner
Jim Sensenbrenner
Frank James Sensenbrenner, Jr. is an American politician who has been a member of the Republican Party in the United States House of Representatives since 1979, representing . The district, the state's richest, includes many of Milwaukee's northern and western suburbs, and extends into rural...
, Chairman of the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
Congresswoman Sheila Jackson-Lee introduced the No-FEAR Act into Congress. Dr. Coleman-Adebayo
Marsha Coleman-Adebayo
Marsha Coleman-Adebayo was a senior policy analyst for the United States Environmental Protection Agency . Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not...
founded the No FEAR Institute to organize support for the bill's purposes while continuing to work for the EPA. The No FEAR Institute spearheaded the No FEAR Coalition to advocate for passage of the Act.
President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed it into law on May 15, 2002, making it the first United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
law of the 21st Century.
Findings
In Section 101, the No-FEAR Act makes the following findings:Congress finds that—
(1) Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination;
(2) Congress has heard testimony from individuals,
including representatives of the National Association for the
Advancement of Colored People and the American Federation
of Government Employees, that point to chronic problems of
discrimination and retaliation against Federal employees
(3) in August 2000, a jury found that the Environmental
Protection Agency had discriminated against a senior social
scientist, and awarded that scientist $600,000;
(4) in October 2000, an Occupational Safety and Health
Administration investigation found that the Environmental
Protection Agency had retaliated against a senior scientist for
disagreeing with that agency on a matter of science and for
helping Congress to carry out its oversight responsibilities;
(5) there have been several recent class action suits based
on discrimination brought against Federal agencies, including
the Federal Bureau of Investigation, the Bureau of Alcohol,
Tobacco, and Firearms, the Drug Enforcement Administration,
the Immigration and Naturalization Service, the United States
Marshals Service, the Department of Agriculture, the United
States Information Agency, and the Social Security Administration;
(6) notifying Federal employees of their rights under
discrimination and whistleblower laws should increase Federal
agency compliance with the law;
(7) requiring annual reports to Congress on the number
and severity of discrimination and whistleblower cases brought
against each Federal agency should enable Congress to improve
its oversight over compliance by agencies with the law; and
(8) requiring Federal agencies to pay for any discrimination
or whistleblower judgment, award, or settlement should
improve agency accountability with respect to discrimination
and whistleblower laws.
Provisions
The main provision of the No-FEAR Act, Section 201, is to require federal agencies to pay awards for discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
and retaliation violations out of their own budgets. They are required to reimburse the General Fund of the Treasury within a reasonable time of any such award.
Section 202 requires notification to all federal employees and applicants for employment about their rights under federal law. Such notification is now made on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
. All federal agencies are also required to provide training to all their employees about their rights and remedies under antidiscrimination and anti-retaliation laws.
Finally, Section 203 requires annual reports from each agency stating:
(1) the number of discrimination and retaliation cases filed against the agency;
(2) the status of those cases;
(3) the amount of money the agency must pay in connection with each case, stating separately the amount for the payment of attorneys’ fees,
if any;
(4) the number of employees disciplined for discrimination,
retaliation, harassment, or any other infraction of antidiscrimination and retaliation laws;
(5) equal employment opportunity data;
(6) the agency's policy on disciplinary actions against Federal
employees who discriminate or retaliate, and the number
of employees who are disciplined in accordance with such
policy and the specific nature of the disciplinary action
taken;
(7) an analysis of the information including—
(A) an examination of trends;
(B) causal analysis;
(C) practical knowledge gained through experience; and
(D) any actions planned or taken to improve complaint
or civil rights programs of the agency; and
(8) any adjustment to comply with the requirements under section 201.
The Act also permits rule-making, and requires studies of retaliation and discrimination by federal agencies.
Criticism
Dr. Coleman-AdebayoMarsha Coleman-Adebayo
Marsha Coleman-Adebayo was a senior policy analyst for the United States Environmental Protection Agency . Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not...
and others have criticized implementation of the No-FEAR Act on grounds that agencies are abusing the provision allowing them a "reasonable" time to make their reimbursements to the General Fund of the Treasury. They have proposed a No-FEAR II Act to set a time limit for such reimbursements, and to increase the penalties for violations.
No FEAR, the movie
In 2005, Danny GloverDanny Glover
Danny Lebern Glover is an American actor, film director, and political activist. Glover is perhaps best known for his role as Detective Roger Murtaugh in the Lethal Weapon film franchise.-Early life:...
and Joslyn Barnes announced plans to make a movie about Dr. Coleman-Adebayo's experience.http://www.nofearcoalition.org/index.html
External links
- No FEAR Coalition web page
- Dr. Coleman-Adebayo's induction into the Project on Government Oversight Hall of Fame
- Dr. Coleman-Adebayo bio from Barnard College
- Announcement of Dr. Coleman-Adebayo defense fund
- HHS page with text of the Act
- State Department notification of employee rights
- Report of the Department of the Interior