U.S. House of Representatives Passes H.R. 1557: A Bill to Expand Protections for Federal Employees Against Discrimination

Addressing the Retaliatory Culture of the Federal Sector

On March 24, 2015, Representative Elijah Cummings introduced H.R. 1557, the Federal Employee Antidiscrimination. H.R. 1557 is a bill amending the Notification and Federal Employee Anti-discrimination and Retaliation Act (No FEAR) of 2002.

On July 21, 2015, Representative Cummings brought the bill to the House of Representative floor where he thanked Tanya Ward Jordan, Paulette Taylor and the Coalition For Change, Inc. (C4C) for providing measures to promote accountability and transparency in the Federal workplace.

“In fiscal year 2012, federal employees and applicants for employment filed nearly 16,000 complaints alleging they had been the victims of discrimination,” said Cummings.

“Too often dedicated public servants are unfairly discriminated against for reporting misconduct in the federal workplace. This legislation strengthens transparency and accountability within the federal workforce and provides more protection for federal employees by reducing the opportunity for retaliation against them," said Chaffetz.

The following captures highlights of the bill that serve to strengthen Federal agencies’ management of Equal Employment Opportunity process.

Sec. 1. Federal Employee Antidiscrimination Act of 2015

Sec. 2. Sense of Congress

Amends Sec. 102 of No FEAR Paragraph (4) – “accountability in the enforcement of Federal employee rights is furthered when Federal agencies take appropriate disciplinary action against Federal employees who have been found to have committed discriminatory or retaliatory acts.”

Sec. 3.Notification of Violation

Amends Sec. 202 of No FEAR – requires that a Federal agency post on its website any notice of agency final action or EEOC appellate decision involving a finding of discrimination or retaliation.

Sec. 4. Reporting Requirement

Amends Sec. 203(a) of No FEAR – requires an agency to submit its No FEAR Annual Report electronically and adds a “Disciplinary Action Report” requirement which directs Federal agencies to submit to the EEOC whether disciplinary action has been initiated against a Federal employee as a result of a violation.

Sec. 5. Data to be Posted by Employing Federal Agencies

Amends Sec. 301(b) of No FEAR -requires agencies to post on its website the date of discrimination finding, the affected agency, and the law violated and whether a decision about disciplinary action has been made. It also requires agencies to post “class action” data against the agency alleging discrimination or retaliation including complaint status, date filed, case numbers, summary of allegations, and number of plaintiffs.

Sec. 6. Data To Be Posted by Equal Employment Opportunity Commission

Amends Sec. 302(b) of No FEAR- requires the EEOC to capture agency data as cited in Sec. 5 above.

Sec. 7. No FEAR Amendments

Adds Section 207 – Complaint Tracking System

Adds Section 208 – Notation in Personnel Record.5 USC Section 7512 against an employee for an act of discrimination or retaliation a notation of the adverse action and the reason for the action shall be placed in the employee personnel record.)

TITLE IV- Processing and Referral

Sec. 401 Processing and Resolution of Complaints

Sec. 403 No Limitation on Human Capital or General Counsel Advice

Sec. 403 Head of Program Reports to Head of Agency

Sec. 404 Referrals of Findings of Discrimination

Sec. 8. Non-Disclosure Agreement Limitations

Amends 5 USC Section 2302(b) paragraph (13) [Prohibited Personnel Practices]- by inserting “or the Office of Special Counsel” after Inspector General. Prohibits using nondisclosure agreements (a.k.a. gag orders) to restrict an employee from disclosing to Congress, the Office of Special Counsel, or an inspector general any information that relates to any violation of law, rule, or regulation or instance of waste, fraud, or abuse.