[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60571-60572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23886]
[[Page 60571]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2012-0165]
Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws
AGENCY: Office of the Secretary, DOT.
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
Equal Employment Opportunity Programs, 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 Web site. An
electronic copy is also available for download from the Government
Printing Office's Electronic Bulletin Board at http://www.nara.gov/fedreg and the Government Printing Office's Web page at http://www.access.gpo.gov/nara.
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 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 is to inform you of the rights and protections
available to you 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 were a victim of 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 to try and resolve
the matter informally. This must be done before filing a formal
complaint of discrimination with USDOT (See, e.g., 29 CFR part 1614).
If you believe you were a victim of unlawful discrimination based
on age, you must either contact an EEO counselor as noted above or give
notice of intent to sue to the Equal Employment Opportunity Commission
(EEOC) within 180 calendar days of the alleged discriminatory action.
As an alternative to filing a complaint pursuant to 29 CFR part 1614,
you can file a civil action in a United States district court under the
Age Discrimination in Employment Act (ADEA), against the head of an
alleged discriminating agency, after giving the EEOC not less than a 30
day notice of the intent to file such action. You may file such notice
in writing with the EEOC via mail at P.O. Box 77960, Washington, DC
20013, personal delivery, or facsimile within 180 days of the
occurrence of the alleged unlawful practice.
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) (See Contact information
below). 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. Form OSC-11 is available online at
the OSC Web site http://www.osc.gov/index.htm, under the filing tab
(Contact Information). Additionally, you can download the form under
the same filing tab, under OSC Forms. Complete this form 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.
If you are alleging compensation discrimination pursuant to the
Equal Pay Act (EPA), 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, or fail 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 202-036-4505 using Form OSC-11.
Alternatively, you may
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file online through the OSC Web site 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 according to 5 U.S.C. 1214(f), USDOT
must seek approval from the Special Counsel to discipline employees
for, among other activities, engaging in prohibited retaliation.
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 Web site at http://www.eeoc.gov and the OSC Web site 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 1, 2014.
Camille Hazeur,
Director, Departmental Office of Civil Rights, United States Department
of Transportation.
[FR Doc. 2014-23886 Filed 10-6-14; 8:45 am]
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