[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Notices]
[Pages 58201-58202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23667]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2019-0148]
Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: No FEAR Act notice.
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SUMMARY: This Notice implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No
FEAR Act of 2002). It is the annual obligation for Federal agencies to
notify all employees, former employees, and applicants for Federal
employment of the rights and protections available to them under the
Federal Anti-discrimination and Whistleblower Protection Laws.
FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Associate Director of
the Equity and Access Division (S-32), Departmental Office of Civil
Rights, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Room W78-306, Washington, DC 20590, 202-366-
5131 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
You may retrieve this document online through the Federal Document
Management System at http://www.regulations.gov. Electronic retrieval
instructions are available under the help section of the website.
No FEAR Act Notice
On May 15, 2002, Congress enacted the ``Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,'' now
recognized as the No FEAR Act (Pub. L. 107-174). One purpose of the Act
is to ``require that Federal agencies be accountable for violations of
antidiscrimination and
[[Page 58202]]
whistleblower protection laws.'' (Pub. L. 107-174, Summary). In support
of this purpose, Congress found that ``agencies cannot be run
effectively if those agencies practice or tolerate discrimination''
(Pub. L. 107-174, Title I, General Provisions, section 101(1)). The Act
also requires the United States Department of Transportation (USDOT) to
provide this Notice to all USDOT employees, former USDOT employees, and
applicants for USDOT employment. This Notice informs such individuals
of the rights and protections available under Federal
antidiscrimination and whistleblower protection laws.
Antidiscrimination Laws
A Federal agency cannot discriminate against an employee or
applicant with respect to the terms, conditions, or privileges of
employment because of race, color, religion, sex, national origin, age,
disability, marital status, genetic information, or political
affiliation. One or more of the following statutes prohibit
discrimination on these bases: 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e-16 and
2000ff.
If you believe you have experienced unlawful discrimination on the
bases of race, color, religion, sex, national origin, age, genetic
information, and/or disability, you must contact an Equal Employment
Opportunity (EEO) counselor within 45 calendar days of the alleged
discriminatory action, or in the case of a personnel action, within 45
calendar days of the effective date of the action. A directory of EEO
officers is available on the Departmental Office of Civil Rights
website at http://www.transportation.gov/civil-rights, under the
``Contact Us'' tab. You will be offered the opportunity to resolve the
matter informally; if you are unable to resolve the matter informally,
you can file a formal complaint of discrimination with USDOT (See,
e.g., 29 CFR part 1614).
If you believe you experienced unlawful discrimination based on
age, you must either contact an EEO counselor as noted above, or file a
civil action in a United States district court under the Age
Discrimination in Employment Act, against the head of an alleged
discriminating agency. If you choose to file a civil action, you must
give notice of intent to sue to the Equal Employment Opportunity
Commission (EEOC) within 180 days of the alleged discriminatory action,
and not less than 30 days before filing a civil action. You may file
such notice in writing with the EEOC via mail at P.O. Box 77960,
Washington, DC 20013, the EEOC website https://www.eeoc.gov/employees/charge.cfm, personal delivery, or facsimile.
If you are alleging discrimination based on marital status or
political affiliation, you may file a written discrimination complaint
with the U.S. Office of Special Counsel (OSC). Form OSC-11 is available
online at the OSC website http://www.osc.gov, under the tab to file a
complaint. Additionally, you can download the form from http://www.osc.gov/Pages/Resources-OSCForms.aspx. Complete Form OSC-11 and
mail it to the Complaints Examining Unit, U.S. Office of Special
Counsel at 1730 M Street NW, Suite 218, Washington, DC 20036-4505. You
also have the option to call the Complaints Examining Unit at (800)
872-9855 for additional assistance. In the alternative (or in some
cases, in addition), you may pursue a discrimination complaint by
filing a grievance through the USDOT administrative or negotiated
grievance procedures, if such procedures apply and are available.
If you are alleging compensation discrimination pursuant to the
Equal Pay Act, and wish to pursue your allegations through the
administrative process, you must contact an EEO counselor within 45
calendar days of the alleged discriminatory action, as such complaints
are processed under EEOC's regulations at 29 CFR part 1614.
Alternatively, you may file a civil action in a court of competent
jurisdiction within two years, or if the violation is willful, three
years of the date of the alleged violation, regardless of whether you
pursued any administrative complaint processing. The filing of a
complaint or appeal pursuant to 29 CFR part 1614 shall not toll the
time for filing a civil action.
Whistleblower Protection Laws
A USDOT employee with authority to take, direct others to take,
recommend, or approve any personnel action must not use that authority
to take, or fail to take, or threaten to take a personnel action
against an employee or applicant because of a disclosure of information
by that individual that is reasonably believed to evidence violations
of law, rule, or regulation; gross mismanagement; gross waste of funds;
an abuse of authority; or a substantial and specific danger to public
health or safety, unless the disclosure of such information is
specifically prohibited by law and such information is specifically
required by Executive Order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
Retaliation against a USDOT employee or applicant for making a
protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you
believe you are a victim of whistleblower retaliation, you may file a
written complaint with the U.S. Office of Special Counsel at 1730 M
Street NW, Suite 218, Washington, DC 20036-4505 using Form OSC-11.
Alternatively, you may file online through the OSC website at http://www.osc.gov.
Disciplinary Actions
Under existing laws, USDOT retains the right, where appropriate, to
discipline a USDOT employee who engages in conduct that is inconsistent
with Federal Antidiscrimination and Whistleblower Protection laws up to
and including removal from Federal service. If OSC initiates an
investigation under 5 U.S.C. 1214, USDOT must seek approval from the
Special Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation (5 U.S.C. 1214). Nothing in the No
FEAR Act alters existing laws, or permits an agency to take unfounded
disciplinary action against a USDOT employee, or to violate the
procedural rights of a USDOT employee accused of discrimination.
Additional Information
For more information regarding the No FEAR Act regulations, refer
to 5 CFR part 724, as well as the appropriate office(s) within your
agency (e.g., EEO/civil rights offices, human resources offices, or
legal offices). You can find additional information regarding Federal
antidiscrimination, whistleblower protection, and retaliation laws at
the EEOC website at http://www.eeoc.gov and the OSC website at http://www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, neither the Act nor
this notice creates, expands, or reduces any rights otherwise available
to any employee, former employee, or applicant under the laws of the
United States, including the provisions of law specified in 5 U.S.C.
2302(d).
Issued in Washington, DC, on October 24, 2019.
Charles E. James, Sr.,
Director, Departmental Office of Civil Rights, U.S. Department of
Transportation.
[FR Doc. 2019-23667 Filed 10-29-19; 8:45 am]
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