Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002
(NO FEAR Act)
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act) became effective on October 1, 2003. The No FEAR Act requires that Federal agencies (i.e., Department of Transportation) be more accountable for violations of anti-discrimination and whistleblower protection laws.
Federal agencies are required to:
- Notify employees and applicants for employment about their rights under the discrimination and whistleblower laws;
- Post statistical data relating to Federal sector equal employment opportunity complaints on its public website;
- Ensure that their managers have adequate training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills;
- Conduct studies on the trends and causes of complaints of discrimination;
- Implement new measures to improve the complaint process and the work environment;
- Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal;
- Reimburse the Judgment Fund for any discrimination and whistleblower related settlements or judgments reach in Federal court; and
- Produce annual reports of status and progress to Congress, the Attorney General and the U.S. Equal Employment Commission.
The FHWA Headquarters Office of Civil Rights is responsible for submitting a No Fear Act Data Questionnaire to the Department for inclusion in the Department's annual No Fear Act Report.
Contacts/phone numbers/email addresses
Administrative and Special Emphasis
No Fear Act (https://www.civilrights.dot.gov/civil-rights-awareness-enforcement/employment-related/affirmative-employment/no-fear-act)
FHWA Order 4710.9 "FHWA Procedures for Addressing Findings of Discrimination"
DOT's No Fear Act Policy Statement (https://www.civilrights.dot.gov/sites/default/files/uploads/documents/policyretaliationnofear_0.pdf
Departmental Office of Civil Rights (https://www.civilrights.dot.gov/)