FIRST CIVIL RIGHTS BILL OF 21ST CENTURY PASSES US SENATE - UNANIMOUSLY

Dear Friends and Colleagues:

 

It is our extreme pleasure to announce that the No FEAR Bill passed the US Senate last night (April 23, 2002) at 8:10 p.m.   Marsha Coleman-Adebayo received  a congratulatory telephone call from Virginia Senator John Warner congratulating us on our historic victory!  The No FEAR Bill now returns to the House for reconciliation.  Congressman F. James Sensenbrenner (father of this Bill) will preside.  After the House passes the amendments, the Bill proceeds to the White House for presidential signature.

We expect the No FEAR Bill to be signed by the end of MAY.  ALL PRAISES TO GOD!  WE MADE HISTORY!   The No Fear Coalition thanks Congressman F. James Sensenbrenner,
Congresswoman Sheila Jackson Lee, Senator James Warner and Congresswoman Connie Morella.  We owe a special and deep debt of gratitude to Sensenbrenner Legal Counsel Beth Sokul and Warner Counsel Chris Delacy.

To all the members of our Coalition - we thank you for your prayers and commitment to a workplace liberated from racism, sexism  and all forms of harassment and retaliation.  We thank Rev. Al Sharpton for his participation in the March 5th Rally and meeting with Senator Joseph Lieberman.  We thank Congressman (Rev) Walter Fauntroy,  radio personality Joe Madison, and
activist Dick Gregory.

Because of the No Fear Act, government agencies will now be held financially accountable for their illegal behavior!

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Chairman F. James Sensenbrenner's Press Statement on passage of No FEAR bill in the Senate 4/23/02

"I'm grateful for the Senate's passage last night of my bipartisan civil rights legislation, the No FEAR Act.  We've moved one step closer to demanding that those who discriminate and retaliate against others in the federal workplace will be held accountable."

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Senator John Warner's Floor Statement - Introducing the No FEAR ACT For Passage

THE NOTIFICATION AND FEDERAL EMPLOYEE ANTI-DISCRIMINATION ACT

Mr. WARNER.  Mr. President, today I rise in support of  H.R.169, the Notification and Federal Employee Anti-Discrimination Act.  This historic bill – the first civil rights bill of the new century - strengthens existing laws protecting federal employees from discrimination and harassment in the workplace.  

H.R.169 will create a more productive work environment by ensuring that agencies enforce the laws intended to protect federal employees from harassment, discrimination and retaliation for whistleblowing.

I would like to thank the Chairman of the Government Affairs Committee, Senator Lieberman, as well as Ranking Member Thompson and Senator Akaka for their leadership on this issue in Committee.   Their dedication to the passage of this ground-breaking initiative has proven to be of monumental importance. 

I would also like to applaud the leadership of Congressman Jim
Sensenbrenner for introducing this important legislation. Working with Congressman Sensenbrenner, I introduced a similar bill in the Senate S. 201, the Federal Employee Protection Act.  After the House passed H.R. 169 by a vote of 420 to 0, I urged the Senate Committee on Governmental Affairs to act on H.R. 169 rather
than my bill in the interest of moving the process forward.  

Finally, I would like to recognize the work of the No Fear Coalition led by Marsha-Coleman Adebayo on this bill.  Their efforts have been incredible.  

The Notification and Federal Employee Anti-discrimination Act contains three main provisions: 1) When agencies lose judgments or make settlements in harassment, discrimination and whistleblower cases, the responsible federal agency would pay any financial penalty out of its own budget, rather than out of a general federal judgment fund; 2) federal agencies are required to notify
their employees about any applicable discrimination, harassment and whistleblower protection laws; and 3) each federal agency is required to send an annual report to Congress and the Attorney General.  
    
Under current law, agencies are not accountable financially when they lose harassment, discrimination and retaliation cases because any financial penalties are paid out of a government-wide fund and not the agency’s budget.  I firmly believe that because there is no financial consequence to their actions, federal agencies are essentially able to escape responsibility when they fail to comply
with the law and are unresponsive to their employees’ concerns.

Reports that federal agencies are indifferent or hostile to complaints of sexual harassment and racial discrimination undermine the ability of the federal government to enforce civil rights laws, and hamper efforts to recruit talented individuals for federal employment.  Retaliation against whistleblowers creates
a climate in which those people best able to provide accountability to the government – and to the taxpayer – are unwilling to speak out.      

The federal government must set an example for the private sector by promoting a workplace that does not tolerate harassment or discrimination of any kind but encourages employees to report illegal activity and mismanagement without fear of reprisal.  I urge my colleagues to support this meaningful legislation.  

Thank you Mr. President.