[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61820-61822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25008]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2012-0165]


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: John Benison, Associate Director of 
Policy 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 W78-304, Washington, DC 20590, 202-
366-1732 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

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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 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

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States, including the provisions of law specified in 5 U.S.C. 2302(d).

    Dated: October 3, 2012.
Camille Hazeur,
Director, Departmental Office of Civil Rights, United States Department 
of Transportation.
[FR Doc. 2012-25008 Filed 10-10-12; 8:45 am]
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