[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77937-77938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31311]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT-OST-2010-0290]


2011 Notice of Rights and Protections Available Under the Federal 
Antidiscrimination and Whistleblower Protection Laws

Monday, November 29, 2010.
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 their rights and protections available to them under the 
Federal Anti-discrimination and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Caffin Gordon, Associate Director of 
Policy, Education, and Quality Control Division, S-35, Departmental 
Office of Civil Rights, Office of the Secretary, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W78-312, Washington, 
DC 20590, 202-366-4648. You can also reach Caffin Gordon by e-mail at 
[email protected], or else via TTY/TDD at (202) 366-8538.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You may retrieve this document online 24 hours a day 365 days a 
year through the Federal Document Management System (FDMS) 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 Agency to 
provide notice to all its Federal employees, former Federal employees, 
and applicants for Federal 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 (including equal 
payment of wages and benefits, and pregnancy), national origin, age (40 
and over), disability, marital status, or political affiliation. 
Discrimination under these bases is strictly prohibited by the 
following statutes: 5 U.S.C. 2302(b)(1) 29 U.S.C. 631, 29 U.S.C. 633a, 
29 U.S.C. 206(d), and 29 U.S.C. 79142 U.S.C. 2000e-16.
    If you believe you have been the victim of unlawful discrimination 
on the bases of race, color, religion, sex (including equal payment of 
wages and benefits, and pregnancy), national origin, age (40 and over), 
and/or disability you must contact an Equal Employment Opportunity 
(EEO) counselor within 45 calendar days of the alleged discriminatory 
action. In the case of a personnel action, you must contact the 
counselor within 45 calendar days of the effective date of the action 
to try and resolve the matter informally, before you can file a formal 
complaint of discrimination with your agency (See, e.g., 29 CFR part 
1614).
    If you believe that you have been the victim of unlawful 
discrimination based on age, you must 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, an aggrieved individual may 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 Commission not less than 30 days notice of the 
intent to file such an action. File such notice in writing with the 
EEOC at P.O. Box 77960, Washington, DC 20013, or deliver the notice by 
personal/courier delivery or by 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 can file a 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 your agency's 
administrative or negotiated grievance procedures, if such procedures 
apply and are available (Contact Information: Form OSC-11 is available 
to be filled out online at the OSC Web site (http://www.osc.gov/index.htm, under the filing tab). Alternatively, download the form from 
the same filing tab, under the OSC Forms tab, fill it out, 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.

Whistleblower Protection Laws

    A Federal 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 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 in the conduct of foreign affairs.
    5 U.S.C. 2302(b)(8) prohibits retaliation against an employee or

[[Page 77938]]

applicant for making a protected disclosure. If you believe you have 
been the victim of whistleblower retaliation, you have the right to 
file a written complaint with the U.S. Office of Special Counsel's 
Complaints Examining Unit (OSC Form 11, Complaint of Prohibited 
Personnel Practice), at 1730 M Street NW., Suite 218, Washington, DC 
20036-4505. OSC Form 11 can be downloaded from the OSC Web site at 
http://www.osc.gov (from under the filing tab), or you may contact the 
Complaints Examining Unit (CEU) at 1-800-872-9855 or the Disclosure 
Unit (DU) Hotline at 1-800-572-2249 directly.
    In addition, you may also alert the OSC to possible wrongdoing in a 
Federal agency through a whistleblower disclosure form (OSC Form 12, 
Whistleblower Disclosure). An employee who believes he or she has 
suffered reprisal for whistleblowing may elect to file both OSC Form 
11, to report reprisal, and OSC Form 12, to disclose the underlying 
wrongdoing.
    The OSC does not have authority to investigate the disclosures that 
it receives. The law provides that OSC (a) refer protected disclosures 
that establish a substantial likelihood of wrongdoing to the 
appropriate agency head, and (b) require the agency head to conduct an 
investigation, and submit a written report on the findings of the 
investigation to the Special Counsel.
    If OSC finds no substantial likelihood that the information 
discloses one or more of the categories of wrongdoing, the Special 
Counsel must: (a) Inform the whistleblower of the reasons why the 
disclosure may not be acted on further; and (b) direct the 
whistleblower to other offices available for receiving disclosures.

Retaliation for Engaging in Protected Activity

    A Federal agency cannot retaliate against an employee or applicant 
because that individual exercises his or her rights under any of the 
Federal antidiscrimination or whistleblower protection laws listed 
above. If you believe that you are the victim of retaliation for 
engaging in protected activity, you must follow, as appropriate, the 
procedures described in the Antidiscrimination and Whistleblower 
Protection Laws sections or, if applicable, the administrative or 
negotiated grievance procedures in order to pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, each agency retains the right, where 
appropriate, to discipline a Federal employee who has engaged in 
conduct that is inconsistent with Federal Antidiscrimination and 
Whistleblower Protection laws up to and including removal. If OSC has 
initiated an investigation under 5 U.S.C. 1214, according to 5 U.S.C. 
1214(f) agencies 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 Federal employee, or to violate the procedural rights of a 
Federal 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). Additional information regarding Federal 
antidiscrimination, whistleblower protection, and retaliation laws are 
located on 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 November 29, 2010.
Camille Hazeur,
Director, Departmental Office of Civil Rights, United States Department 
of Transportation.
[FR Doc. 2010-31311 Filed 12-13-10; 8:45 am]
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