[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60526-60528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23814]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2021-0123]


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, 
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). The No

[[Page 60527]]

FEAR Act was amended on January 1, 2021, by the ``Elijah E. Cummings 
Federal Employee Antidiscrimination Act of 2020.'' One purpose of the 
No FEAR 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 No FEAR 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 (including gender 
identity and sexual orientation), 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 (including gender identity and 
sexual orientation), national origin, age, retaliation, genetic 
information, and/or disability, you must contact a USDOT 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 pursue 
any legal remedy. A directory of USDOT EEO counselors is available on 
the Departmental Office of Civil Rights website at http://www.transportation.gov/civil-rights; you can also contact the 
Departmental Office of Civil Rights by phone at 202-366-4648 for more 
information. Once you contact the EEO counselor, you will be offered 
the opportunity to resolve the matter through the informal complaint 
process; if you are unable to resolve the matter through the informal 
complaint process, you can file a formal complaint of discrimination 
with USDOT (See, e.g., 29 CFR part 1614). Parties who complete the 
informal complaint process are provided with an electronic Individual 
Complaint of Employment Discrimination Form. While the Federal 
Government is on maximum telework, the Departmental Office of Civil 
Rights is accepting the Form only electronically at https://secure.dot.gov/form/eeoc or by email at [email protected]. Once 
the Federal Government is no longer on maximum telework status, 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 or by email at [email protected] 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 at https://www.eeoc.gov/employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC 
20507, or 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) using Form OSC-14. Form 
OSC-14 is available online for electronic submission at the OSC website 
http://www.osc.gov, under the tab ``File a Complaint.'' While the 
Federal Government is on maximum telework, OSC is accepting Form OSC-14 
only electronically. When the Federal Government is no longer on 
maximum telework, 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 can download Form OSC-14 from https://osc.gov/Resources/Pages/Forms.aspx. 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 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.

[[Page 60528]]

    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 using Form 
OSC-14. While the Federal Government is on maximum telework, OSC is 
accepting Form OSC-14 only electronically. When the Federal Government 
is no longer on maximum telework, 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 may also contact the USDOT 
Office of Inspector General Hotline by phone at 1-800-424-8071, by 
email at [email protected], or online at https://www.oig.dot.gov/hotline. In addition, when the Federal Government is no longer on 
maximum telework, you may also contact the USDOT Office of Inspector 
General by mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, 
Washington, DC 20590.

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 Laws and Whistleblower 
Protection Laws sections or, if applicable, the administrative or 
negotiated grievance procedures in order to pursue any legal remedy.

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 USDOT takes an adverse 
action under 5 U.S.C. 7512 against an employee for a discriminatory 
act, it must include a notation of the adverse action and the reason 
for the action in the employee's personnel record. 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 No FEAR 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 26, 2021.
Irene Marion,
Director, Departmental Office of Civil Rights, U.S. Department of 
Transportation.
[FR Doc. 2021-23814 Filed 11-1-21; 8:45 am]
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