[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59852-59854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24996]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2015-0172]
Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws
AGENCY: Office of the Secretary, U.S. Department of Transportation.
ACTION: No FEAR Act Notice.
-----------------------------------------------------------------------
[[Page 59853]]
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 an 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 Antidiscrimination 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 U.S. Department
of Transportation (DOT) to provide this Notice to all DOT employees,
former DOT employees, and applicants for DOT 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, genetic information, equal pay/compensation, marital
status, 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, sex (gender, pregnancy, sexual harassment, sexual
orientation, or gender identity), national origin, religion, age (40
and over), disability (mental or physical), equal pay/compensation,
genetic information, or retaliation, 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 DOT (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, 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 DOT
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, 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 DOT employee with authority to take, direct others to take,
recommend, or approve any personnel action must not use that authority
to take, 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 DOT 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 OSC at 1730 M Street NW., Suite 218,
Washington, DC 202-036-4505 using Form OSC-11. Alternatively, you may
file online through the OSC Web site at http://www.osc.gov.
Disciplinary Actions
Under existing laws, DOT retains the right, where appropriate, to
discipline a DOT 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
[[Page 59854]]
initiates an investigation under 5 U.S.C. 1214 according to 5 U.S.C.
1214(f), DOT 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 DOT
employee, or to violate the procedural rights of a DOT 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 on Washington, DC, on August 28, 2015.
Mary N. Whigham Jones,
Deputy Director, Departmental Office of Civil Rights, U.S. Department
of Transportation.
[FR Doc. 2015-24996 Filed 10-1-15; 8:45 am]
BILLING CODE 4910-9X-P