Federal Manager's Daily Report

OPM has proposed rules to carry out a law requiring greater visibility of findings that agencies took discriminatory personnel actions or retaliated against whistleblowing employees.

The law, which took effect as of the start of 2021, updates and expands prior requirements under the 2002 Notification and Federal Employee Antidiscrimination and Retaliation Act—the “NO FEAR” Act.

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The rules would require an agency to:

• have a system to track complaints of discrimination or retaliation;

• post a notice on its public website, linked directly from the home page, within 90 days of a final judgement that such an action had occurred;

• include information about a finding against an employee in the employee’s personnel records; and

• produce reports on such findings and what actions they took in response.

OPM said it also will be issuing rules to carry out changes in model language for agencies to use in notifying employees of their rights under whistleblower and anti-discrimination law as required by the NO FEAR Act. It added that requirements under that law for training current employees on those rights at least every two years and for training new employees within 90 days of hiring remain in effect.

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