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No Fear Act

  • The Commodity Futures Trading Commission's employees are its most important resource.

    Our employees come from diverse backgrounds and work together to carry out our mission.  Equal employment opportunity at the CFTC is a continuing commitment.  To maintain neutrality in resolving disputes, the EEO office is independent of any other CFTC office and the EEO Program Director reports to the Chairman of the CFTC.

    No FEAR Act Information
    EEO Contact Information
    Anti-Discrimination Laws Information
    Complaints of Employment Discrimination

    No FEAR Act Information

    Equal Employment Opportunity Data posted pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. 107-174.

    The primary purpose of the No FEAR Act of 2002 is to improve Federal agency accountability for violations of the anti-discrimination and whistleblower protection laws related to employment and to ensure that employees, applicants for employment, and former employees know their rights under anti-discrimination laws and the Whistleblower Protection Act.

    EEO Contact Information

    Commodity Futures Trading Commission Equal Opportunity Employer Statement

    Lorena McElwain, EEO Program Director

    Sarah Summerville, Senior EEO Specialist

    Derrick Wilson, Diversity & Inclusion Specialist

    Location and mailing address:

    1155 21st Street, NW
    Washington, DC 20581

    Telephone: 202-418-5935
    TTY Telephone: 202-418-5428
    Fax: 202-418-5546

    EEO Counselors:

    Chicago

    District of Columbia

    New York

    Kansas

    Anti-Discrimination Laws Information

    Personnel actions affecting any term or condition of employment may not be based on an individual's:

    • Race
    • Color
    • National origin
    • Religion
    • Sex (including pregnancy and childbirth)
    • Age (40 years or more)
    • Disability (physical or mental)
    • Participation in the EEO process
    • Opposition to employment discrimination

    Hostile Work Environment Discrimination (Harassment) is Prohibited

    • Employees may not be subjected to unwelcome conduct in the course of employment because of their race, color, religion, gender, sexual orientation, national origin, age, or disability.
    • Employees may not be subjected to unwelcome conduct in the course of employment because they have participated in the EEO process or expressed their opposition to employment discrimination.

    Other Personnel Practices Prohibited by the Civil Service Reform Act of 1978, 5 USC 2302, and Executive Order 11478

    In addition to the prohibitions contained in anti-discrimination and whistleblower protection laws, merit system principles provide that no personnel action in the Federal government may be based on an individual's:

    • Marital status
    • Political affiliation
    • Sexual orientation
    • Conduct not adversely affecting job performance.

    Reasonable Accommodation for Disability and for Religion

    • The CFTC provides reasonable accommodation for employees or applicants with physical or mental disabilities who request such accommodation to perform the duties of a position or to participate in the application process.
    • The CFTC provides reasonable accommodation for the religious practices and beliefs of employees and applicants.

    Federal Anti-Discrimination Laws and Executive Orders

    Complaints of Employment Discrimination

    The Equal Employment Opportunity Commission (EEOC) has the authority to establish the procedures Federal agencies use to process complaints of employment discrimination made by applicants or employees who believe they have been discriminated against in violation of those Federal anti-discrimination laws that prohibit discrimination on the basis of race, color, religion, gender, national origin, age, or disability or retaliation for participating in the EEO process or opposing employment discrimination.

    The EEOC's regulations for the Federal administrative complaint process are published in the Code of Federal Regulations at 29 CFR 1614.

    The CFTC EEO office manages the CFTC's administrative complaint process in compliance with EEOC regulations and directives.

    Time Limit: Process Must Begin Within 45 Days of Discriminatory Act

    • To preserve your rights under EEO laws, applicants for employment and employees are required to contact a CFTC EEO counselor in a timely manner.
    • Timely contact means making the contact within 45 calendar days from the day you learned of the matter believed to have constituted employment discrimination.
    • Applicants may contact the EEO office to initiate EEO counseling.

    EEO Counseling

    EEO counseling is required before a complaint of discrimination may be filed. To preserve your right to access the EEO complaint process, you must cooperate in good faith with the EEO counseling process. EEO counselors provide information about legal rights and responsibilities related to the administrative complaint process. Attempts to resolve disputes will be made by an EEO counselor or through the CFTC's alternative dispute resolution (ADR) program. EEO counseling may take from 30 to 90 days.

    Alternative dispute resolution is an option available during the EEO counseling process. ADR is voluntary.  Mediation must be requested by the individual being counseled.

    Formal Complaints of Discrimination

    • The EEO counseling process must be completed before complaints of discrimination can be filed.
    • A notice given to you at the end of EEO counseling or mediation explains the requirements for filing complaints of discrimination.
    • The EEOC regulations provide detailed information about the formal EEO complaint process at 29 CFR 1614.106-110.