No-FEAR Act explained

Shorttitle:No-FEAR Act
Othershorttitles:Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001
Longtitle:An Act to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws, and for other purposes.
Nickname:Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002
Enacted By:107th
Effective Date:May 15, 2002
Public Law Url:http://www.gpo.gov/fdsys/pkg/STATUTE-116/pdf/STATUTE-116-Pg566.pdf
Cite Public Law:107-174
Title Amended:5 U.S.C.: Government Organization and Employees
Sections Amended: § 2301 et seq.
Leghisturl:http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR00169:@@@R
Introducedin:House
Introducedby:James Sensenbrenner Jr. (R–WI)
Introduceddate:January 3, 2001
Committees:House Government Reform, House Energy and Commerce, House Transportation and Infrastructure, House Judiciary, Senate Governmental Affairs
Passedbody1:House
Passeddate1:October 2, 2001
Passedvote1:420-0,
Passedbody2:Senate
Passeddate2:April 23, 2002
Passedvote2:passed unanimous consent
Agreedbody3:House
Agreeddate3:April 30, 2002
Agreedvote3:412-0,
Signedpresident:George W. Bush
Signeddate:May 15, 2002
Actsamended:Civil Rights Act of 1964

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 is a United States federal law that seeks to discourage federal managers and supervisors from engaging in unlawful discrimination and retaliation. It is popularly called the No-FEAR Act, and is also known as Public Law 107–174.

Enactment

On August 18, 2000, a federal jury found the US Environmental Protection Agency (EPA) guilty of violating the civil rights of Dr. Marsha Coleman-Adebayo on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964. She was awarded $600,000. The EPA had refused to promote Coleman-Adebayo shortly after she alleged the presence of environmental and health problems at the Brits, South Africa, vanadium mines.[1]

Sparked by this outcome, Congressman F. James Sensenbrenner, Chairman of the House Judiciary Committee and Texas Congresswoman Sheila Jackson-Lee introduced the No-FEAR Act into Congress. Dr. Coleman-Adebayo founded the No FEAR Institute to organize support for the bill's purposes while continuing to work for the EPA.[1] The No FEAR Institute spearheaded the No FEAR Coalition to advocate for passage of the Act.

President George W. Bush signed it into law on May 15, 2002, making it the first United States civil rights law of the 21st century.[2]

Criticism

Marsha Coleman-Adebayo and others have criticized implementation of the No-FEAR Act on grounds that agencies are abusing the provision allowing them a "reasonable" time to make their reimbursements to the General Fund of the Treasury. They have proposed a No-FEAR II Act to set a time limit for such reimbursements, and to increase the penalties for violations.

Book and movie

Coleman-Adebayo wrote a book about her experience[3] which is in the process of being adapted into the movie The Marsha Coleman-Adebayo Story[4] with producer and actor Danny Glover.[1]

See also

References

  1. News: Fears. Darryl. 10 July 2006. Coming Soon: A Tale of Whistle-Blowing at the EPA. en-US. Washington Post. 0190-8286.
  2. https://www.employmentlawgroup.com/resources/statutes/ "Discrimination, Whistleblower, and Civil Rights Statutes,"
  3. Web site: NO FEAR, THE BOOK - Marsha Coleman-Adebayo . www.marshacoleman-adebayo.com . dead . https://web.archive.org/web/20111012071710/http://www.marshacoleman-adebayo.com/no-fear-the-book.html . 2011-10-12.
  4. Web site: No Fear, the Film . 2014-11-06 . 2019-08-27 . https://web.archive.org/web/20190827180441/http://www.marshacoleman-adebayo.com/no-fear-the-film.html . dead .

External links