No Fear Rules Published

Rules published in the January 22 Federal Register carry out the 2002 “No Fear Act” which requires individual agencies to pay judgments against them for discrimination or whistleblower retaliation. Currently such payments are charged directly to a Treasury Department judgment fund with a standing appropriation; under the new policy, that fund will continue to make the payments but the individual agency must reimburse the fund from their general overhead accounts. A separate set of rules will spell out agency responsibilities under the act to keep their employees informed regarding their rights under discrimination and whistleblower laws and to train employees in those laws. Other rules also are forthcoming on the act’s requirement that agencies must issue reports on the discipline of employees who engaged in discrimination, retaliation, harassment, or other violations of discrimination and/or whistleblower laws. OPM further is to issue a report on the “best practices” for disciplining those who violate those laws.