No FEAR Act Notification & Reports
The No FEAR Act is intended to increase the accountability of federal agencies for acts of discrimination or retaliation against employees, former employees, and applicants.
In 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” which is now known as the No FEAR Act.
It requires CISA to provide this notification of the rights and protections available under federal antidiscrimination and whistleblower laws. In support of this requirement, DHS Secretary Napolitano issued a memorandum to all employees reiterating the Department’s commitment to the No FEAR Act of 2002. Likewise, CISA Director Jen Easterly issued the equal employment opportunity and anti-discrimination policy statement to reaffirm the agency's commitment.
- Antidiscrimination Laws
CISA does not discriminate against employees or applicants with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, parental status, marital status, or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16.
- Whistleblower Protection Laws
Additionally, the Whistleblower Protection Act (WPA) and Whistleblower Protection Enhancement Act (WPEA) protects federal employees or applicants against retaliation for making whistleblower disclosures. It prohibits federal agencies from taking or threatening a personnel action because an employee or applicant made a whistleblower disclosure. See 5 U.S.C. 2302(b)(8). Protected whistleblower activity includes disclosure of information 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.
Learn more on how to raise antidiscrimination complaints based on these protections.
No FEAR Act Reports
Pursuant to Title III of the No FEAR Act and 29 CFR § 1614, federal agencies are required to post quarterly on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies. In compliance with this provision of the No FEAR Act, the Department of Homeland Security (DHS) and its agencies post the respective statistical data for equal employment opportunity complaints on their public Web sites.
The Department’s No FEAR Act Annual Reports, cumulative statistical data for equal employment opportunity complaints for the entire department, and related information can be found here: DHS No FEAR Act Reports.
- Quarterly Reports: EEO Complaints Statistical Data
Prior FY22 3rd Quarter, DHS Headquarters EEO Office fully serviced CISA employees. A link to statistical data for complaints that originated at CISA is posted below. This data is updated on a quarterly basis.
2020
2021
2022
2023
2024
- Cummings Act Notice of Violations
The Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act) amended the No FEAR Act and requires Federal agencies to post findings of discrimination (including retaliation) from any final action of the Department of Homeland Security (DHS), the Equal Employment Opportunity Commission (EEOC), or a court of jurisdiction, once all appeals are exhausted. Agencies must publish such notices for one year. Findings of discrimination, if any, are listed below:
- None to Report