The Office of Personnel Management is set to publish regulations implementing a 2021 law aimed at improving agency accountability for acts of discrimination and whistleblower retaliation against federal workers.
The Elijah E. Cummings Federal Employee Antidiscrimination Act, named for the late lawmaker who led the House Oversight and Reform Committee and signed on Jan. 1, 2021, encourages agencies to take action against federal employees who are found to be responsible for “intentional” acts of discrimination or retaliation, and be more transparent with the public when such incidents are adjudicated.
In a proposed rule set to be published to the Federal Register Thursday, OPM said that agencies will be expected to post a notification on its public-facing website within 90 days of the finalization of any case in which the agency was found to have discriminated or retaliated against a federal employee.
In this case, finalization refers to instances when the agency has exhausted its appeals, the deadline to appeal a ruling has expired, or if a court has issued a final judgment in the case. Agencies must also issue public notifications whenever they undertake an adverse personnel action against a federal worker who has been found to have “intentionally committed discriminatory (including retaliatory) acts.”
Additionally, the regulations would require agencies to submit a report to the Equal Employment Opportunity Commission within 120 days of taking final action—or receiving...
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