No FEAR Act: Methods the Justice Department Says It Could Use to Account for Its Per-Case Costs Under the Act

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A letter report issued by the Government Accountability Office with an abstract that begins "Allegations of violations of employment discrimination and whistleblower protection laws against federal agencies can end up in federal court, at which point Department of Justice (DOJ) attorneys generally take over representation of the agency. Attorneys within Justice's Civil Division and U.S. Attorneys Offices generally handle this type of litigation. The Notifications and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) requires agencies to repay the Department of the Treasury's Judgment Fund for discrimination and whistleblower protection settlements and judgments paid on their behalf. ... continued below

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United States. Government Accountability Office. July 21, 2004.

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Description

A letter report issued by the Government Accountability Office with an abstract that begins "Allegations of violations of employment discrimination and whistleblower protection laws against federal agencies can end up in federal court, at which point Department of Justice (DOJ) attorneys generally take over representation of the agency. Attorneys within Justice's Civil Division and U.S. Attorneys Offices generally handle this type of litigation. The Notifications and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) requires agencies to repay the Department of the Treasury's Judgment Fund for discrimination and whistleblower protection settlements and judgments paid on their behalf. While the No FEAR Act does not require agencies to reimburse DOJ for costs incurred in defending them in cases covered under the Act, it does require GAO to review how DOJ could ascertain the cost of representing agencies in each case and what the burden of performing this accounting would be. Based on this requirement, our report provides information on (1) the methods DOJ says it could use to account for the personnel and non-personnel costs that it incurs in handling cases covered under No FEAR on a per-case basis and how soon the Department expects it would be able to do so, and (2) how costly DOJ expects it would be to account for each case. We make no recommendations in this report."

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Government Accountability Office Reports

The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for the U.S. Congress investigating how the federal government spends taxpayers' money. Its goal is to increase accountability and improve the performance of the federal government. The Government Accountability Office Reports Collection consists of over 13,000 documents on a variety of topics ranging from fiscal issues to international affairs.

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  • July 21, 2004

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  • June 12, 2014, 7:50 p.m.

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United States. Government Accountability Office. No FEAR Act: Methods the Justice Department Says It Could Use to Account for Its Per-Case Costs Under the Act, report, July 21, 2004; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc302057/: accessed September 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.