The CFTC values creating safe workplaces that are free from discrimination or retaliation. The CFTC embraces the responsibilities of Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), which is intended to increase the accountability of federal agencies for acts of discrimination or retaliation against employees, former employees, and applicants. The Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020 (Cummings Act), amended the No FEAR Act to strengthen federal anti-discrimination laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and expanded accountability within the federal government.
Together, these laws require Federal agencies to: be accountable for violations of anti-discrimination and whistleblower protection laws; provide notice to employees, former employees, and applicants for employment of their rights under anti-discrimination, whistleblower protection, and retaliation laws; provide regular training; and post data related to federal sector equal employment opportunity (EEO) complaints.
Please read the page below to find the CFTC’s No FEAR Act Notice, explore No FEAR Act data and reports, and view the CFTC’s Cummings Act Notices.
No FEAR Act Notice
Introduction
On May 15, 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” which is now known as the No FEAR Act. One purpose of the No FEAR Act is to “require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.” Public Law 107-174, Summary. In support of this purpose, Congress found that “agencies cannot be run effectively if those agencies practice or tolerate discrimination.” Public Law 107-174, Title I, General Provisions, section 101(1).
The No FEAR Act also requires each Federal agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws.
A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 years of age or over), disability, genetic information, retaliation for engaging in protected equal employment opportunity (EEO) activity, marital status, or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: Prohibited Personnel Practices, 5 U.S.C. 2302(b)(1); Equal Pay Act of 1963, 29 U.S.C. 206(d), Age Discrimination in Employment Act of 1967, 29 U.S.C. 631 and 29 U.S.C. 633a, Rehabilitation Act of 1973, 29 U.S.C. 791, Civil Rights Act of 1964, 42 U.S.C. 2000e-16, and Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff.
If you believe that you have experienced discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, disability, genetic information, or retaliation for engaging in protected equal employment opportunity (EEO) activity, Federal EEO Regulations at 29 C.F.R. § 1614 states that you must initiate EEO contact within 45 calendar days from the date of the incident or action believed to be discriminatory, or from when you reasonably become aware of discrimination. In the case of a personnel action, you must initiate EEO contact within 45 calendar days of the effective date of the action. There are several ways to contact the CFTC’s Office of Minority and Women Inclusion’s (OMWI) EEO Program to initiate an EEO complaint. You must initiate the EEO complaint process by informing OMWI that you wish to do so through the below contact information:
Email: [email protected]
Phone: 202-418-5400
If you believe that you have been the victim of unlawful discrimination on the basis of age (40 years of age or over), you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action.
If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC) using the OSC’s online complaint portal at https://www.osc.gov.
In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the CFTC’s administrative or negotiated grievance procedures, if such procedures apply and are available.
Whistleblower Protection Laws
A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs. Whistleblower Protection Enhancement Act of 2012, Public Law 112-199.
Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been subjected to whistleblower retaliation, you may file a written complaint (Form OSC-11) with the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online through the OSC Web site — https://www.osc.gov.
Retaliation for Engaging in Protected Activity
A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you have experienced retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections above or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy.
Disciplinary Action
Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with Federal antidiscrimination and whistleblower protection laws up to and including removal. If the U.S. Office of Special Counsel has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act regulations, refer to 5 C.F.R. Part 724, as well as the CFTC’s OMWI EEO Program (https://www.cftc.gov/eeo or [email protected]).
Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site — https://www.eeoc.gov and the OSC Web site — https://www.osc.gov.
Existing Rights Unchanged
Pursuant to Section 205 of the No FEAR Act, neither the No FEAR Act nor this notice creates, expands or reduces any rights otherwise available to any employee, former employee or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d).
Last Updated [September 27, 2024]
No FEAR Act Quarterly Data
No Fear Quarterly Data FY 2024 Q4 (PDF) (HTML)
No Fear Quarterly Data FY 2024 Q3 (PDF) (HTML)
No Fear Quarterly Data FY 2024 Q2 (PDF) (HTML)
No Fear Quarterly Data FY 2024 Q1 (PDF) (HTML)
No Fear Quarterly Data FY 2023 Q4 (PDF) (HTML)
No Fear Quarterly Data FY 2023 Q3 (PDF) (HTML)
No Fear Quarterly Data FY 2023 Q2 (PDF) (HTML)
No Fear Quarterly Data FY 2023 Q1 (HTML)
No FEAR Act Annual Reports
CFTC FY 2023 Annual No FEAR Act Report (PDF)
CFTC FY 2022 Annual No FEAR Act Report (PDF)
Cummings Act Notices
The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act) became law on January 1, 2021. The law amends the No FEAR Act to require federal agencies to publicly provide notice, in an accessible format linked from its public-facing website, of any final decision in which there has been a finding of discrimination (including retaliation) against the agency. Required notices under the Cummings Act will be posted directly below.
There have been no findings of discrimination against the CFTC requiring a Cummings Act Notice.