[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Pages 68955-68956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24133]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2020-0204]


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). In doing so, the Department of Transportation 
notifies 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 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 issue 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, political affiliation, 
or in retaliation for a protected activity. 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, retaliation, 
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). Aggrieved parties who complete the 
informal complaint process are provided with an electronic Individual 
Complaint of Employment Discrimination Form. During the Public Health 
Emergency, the Departmental Office of Civil Rights is only accepting 
the Form electronically or by email at [email protected]. Once 
the Public Health Emergency is over, you may choose to submit the Form 
electronically, by mail to the EEO Complaints and Investigations 
Division of the Departmental Office of Civil Rights at 1200 New Jersey 
Avenue SE, W76-401, Washington, DC 20590, or by Fax to 202-493-2064. 
You may also contact the EEO Complaints and Investigations Division, 
Departmental Office of Civil Rights by phone at 202-366-9370 if you 
need additional assistance.
    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 the 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 Public Portal https://www.eeoc.gov/employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC 
20507, or by Fax at 202-663-7022.
    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-14 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 https://osc.gov/Resources/Pages/Forms.aspx. During the Public Health Emergency, 
OSC is only accepting Form OST-14 electronically. Once the Public 
Health Emergency is over, you may choose to submit the form 
electronically or complete Form OSC-14 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 1-800-872-9855 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

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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. You may also contact the USDOT Office of Inspector General 
Hotline by phone at 1-800-424-8071, by email at [email protected], by 
mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC 
20590, or online at https://www.oig.dot.gov/hotline.

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 27, 2020.
Charles E. James, Sr.,
Director, Departmental Office of Civil Rights, U.S. Department of 
Transportation.
[FR Doc. 2020-24133 Filed 10-29-20; 8:45 am]
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