No Fear Act

The “Notification and Federal Anti-Discrimination and Retaliation Act of 2002” (Public Law 107-174), commonly referred to as the No FEAR Act, requires that federal agencies be publicly accountable for violations of anti-discrimination, retaliation, and whistleblower protection laws by posting on their public websites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies.

For information on whistleblowing, please visit the Office of the Inspector General website.

The Federal Mediation and Conciliation Service’s public website contains this statistical information in accordance with the No FEAR Act. This data is updated on a quarterly basis. (Download and read the latest report).

For questions concerning this data, please contact Kimberly Cosby at Kcosby@fmcs.gov.

Additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws can be found at the EEOC Web site (http://www.eeoc.gov) and the OSC Web site Home | U.S. Office of Special Counsel.

Section 203(a) of the No FEAR Act requires each federal agency to submit to Congress, the Attorney General, and the Equal Employment Opportunity Commission an annual report on discrimination, whistleblower, and retaliation complaints, as well as practical knowledge gained through experience, not later than 180 days after the end of each fiscal year. For transparency, the Federal Mediation and Conciliation Service (FMCS) shares recent No FEAR Act reports below.

Accountability – Federal Mediation and Conciliation Service

For questions concerning this data, please contact Kimberly Cosby at Kcosby@fmcs.gov.

Notifications of Violations Posted Pursuant to the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020

The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act) amends the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act of 2002 to strengthen federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) and expands accountability within federal agencies. The Cummings Act requires federal agencies to post notification of a finding of discrimination that has been made against the agency. The notification must be linked directly from the agency’s public internet website for a period of one year. Accordingly, the FMCS will post notices of violations on this page to ensure compliance with the Cummings Act.

Requesting an Accommodation or Personal Assistance Services

Agencies must prominently post their reasonable accommodation procedures for processing disability accommodation requests from employees and applicants under 29 C.F.R. § 1614.203(d)(3)(i). A request for accommodation can occur by emailing FMCS at FMCSRA@fmcs.gov.

FMCS processes requests for personal assistance services for employees with targeted disabilities pursuant to these procedures, as well as 29 C.F.R. § 1614.203(d)(5) and the guidance of the Equal Employment Opportunity Commission. Requests or complaints may be submitted to: eeo@fmcs.gov. Please include the term “Request for/Complaint about Personal Assistance Services” in the subject of your email and include your contact information in the body of the email.

Language Access

FMCS is also committed to providing meaningful access for people with Limited English Proficiency (LEP) across all programs, services, and activities.

If you experience difficulty, please contact us at eeo@fmcs.gov.  Please include the term “Language Access” in the subject of your email and include the nature of your issue and your contact information in the body of the email.

Section 508 of the Rehabilitation Act of 1973

In 1998, Congress amended the Rehabilitation Act of 1973 to require federal agencies to make electronic and information technology (EIT) accessible to people with disabilities. The law 29 U.S.C § 794 (d) applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. Section 508 requires that Federal agencies’ electronic and information technology is accessible to people with disabilities. The Center for Information Technology Accommodation (CITA), in the U.S. General Services Administration’s Office of Governmentwide Policy, has been charged with educating Federal employees and building the infrastructure necessary to support Section 508 implementation. At its website (www.section508.gov) Federal employees and the public can access resources for understanding and implementing the requirements of Section 508..

The Federal Mediation and Conciliation Service (FMCS) is committed to providing accessible Information and Communication Technology (ICT) to all individuals seeking information from our website. The FMCS website has been designed to comply with the technical requirements outlined in Section 508 of the Rehabilitation Act of 1973. Every effort has been made to meet, at a minimum, or exceed level 2 conformance criteria of the Web Content Accessibility Guidelines (WCAG) 2.0, as required by the Act. FMCS is committed to enhancing accessibility for individuals with disabilities and strives to increase and maintain access to web content. This ongoing commitment involves reviewing and developing agency policies and procedures, conducting website conformance testing, ensuring digital resources align with accessibility standards, and providing comprehensive training for agency staff

To provide feedback, concerns, suggestions, or if you have trouble accessing the information on this website, contact: eeo@fmcs.gov. Please include the following information: The URL (web address) where the issue was identified; The information being sought when the issue arose; A short description of the issue(s); and a contact email address and phone number.

Notice of Rights Architectural Barriers Act of 1968 (42 U.S.C. § 4151-57)

The Architectural Barriers Act (ABA) requires facilities that are designed, built, altered, or leased with Federal funds to be accessible to individuals with disabilities. The U.S. Access Board is an independent federal agency that is responsible for enforcing the ABA. The Access Board’s ABA accessibility standards are available on its website (https://www.access-board.gov/aba/) as well as information about filing an ABA complaint with the Access Board (https://www.access-board.gov/enforcement/).

If you have questions about FMCS’s Architectural Barriers, contact: eeo@fmcs.gov. Please include “Architectural Barriers Act” in the subject line.