All service members have the right to be free from discrimination and harassment while serving their country. Discriminatory behavior has no place in our armed forces, and Congress has enacted several laws to protect soldiers. One of the strongest anti-discrimination and harassment laws in recent years is the No FEAR Act, passed in 2002. The No FEAR Act, which stands for the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, serves to protect service members and federal employees from discrimination based on their physical qualities, and from retribution for whistleblowing.
The No FEAR Act requires the armed forces to:
- Increase training on harassment and discrimination;
- Clearly post notices about discriminatory behavior;
- Furnish annual reports to Congress about discrimination complaints; and
- Enforce reimbursement requirements for any federal agency found to have committed discrimination.
No FEAR was enacted to reinforce existing prohibitions against discrimination, and ensure that federal employees are aware of their rights to a harassment-free workplace.
What is Discrimination?
Discrimination can include unfair hiring or firing, unfair promotion practices, discriminatory punishments or demotions, and/or racial or sexual harassment.
It is illegal for a federal agency or government entity to discriminate against an employee or service member on the basis of:
- Race
- Color
- Religion
- Whistleblower status
- Sex
- Disability
- National origin
- Age
- Political Affiliation
Each agency must keep a record of these complaints, and report that record to Congress. For example, the Armys list of complaints through September 30, 2013, shows 1,157 people filed complaints in 2012 on the basis of some type of discrimination.
What Do I Do If I Am The Victim Of Discrimination?
If you believe you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, age, national origin, disability or reprisal, you should contact an Equal Employment Opportunity counselor as soon as possible after the discrimination. You should also notify your supervisor or someone in your chain of command.
After you have contacted the EEO Counselor, you will then be able to file a formal complaint with your branch of the military, or use that branchs administrative grievance procedures. You generally have 45 days from the date of the incident to file a complaint. Your employer, supervisor, or commanding officer cannot take action against you for filing a substantiated complaint.
Each government agency or branch of the armed forces retains its own right to disciplinary procedures as well. Your branch of the military may choose to take additional action against a perpetrator of discrimination.
No one is exempt from these laws and policies. If you have been the victim of discrimination or harassment, speak out as soon as possible! The sooner your abuse is reported, the sooner it can be corrected.
