[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76275-76276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24446]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0161]


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

AGENCY: Department of Transportation--Office of the Secretary.

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, 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 FEAR Act was 
amended on January 1, 2021, by the ``Elijah E. Cummings Federal 
Employee Antidiscrimination Act of 2020,'' now recognized as the 
Cummings Act. One purpose of the No FEAR Act, which was strengthened by 
the Cummings 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 Department of Transportation (DOT) to issue this Notice to all DOT 
employees, former DOT employees, and applicants for DOT 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, gender identity, 
sexual orientation, pregnancy, 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, 2000ff, 2000gg.
    If you believe you have experienced unlawful discrimination on the 
bases of race, color, religion, sex, gender identity, sexual 
orientation, pregnancy, national origin, age, retaliation, genetic 
information, and/or disability and wish to pursue a legal remedy, you 
must contact a DOT 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 DOT EEO counselors is available on the DOT 
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 DOT (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. The form can be submitted 
electronically at https://secure.dot.gov/form/eeoc or by email at 
[email protected]. 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 unlawful discrimination based on marital status 
or political affiliation, you may file a written discrimination 
complaint with the U.S. Office of Special Counsel (OSC)

[[Page 76276]]

using Form OSC-14. Form OSC-14 can be submitted electronically at the 
OSC website http://www.osc.gov, under the tab ``File a Complaint.'' You 
also have the option to call the Case Review Division 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 DOT administrative or negotiated grievance 
procedures, if such procedures apply and are available.
    If you are alleging unlawful 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 can 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, 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.
    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 U.S. Office of Special Counsel using Form 
OSC-14. Form OSC-14 can be filed electronically at http://www.osc.gov. 
You may also contact the DOT Office of Inspector General Hotline by 
phone at 1-800-424-9071, by fax at 202-366-7749, by email at 
[email protected], online at https://www.oig.dot.gov/hotline, or 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 their 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, 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 DOT 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, DOT 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 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 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, 2023.
Irene Marion,
Director, Departmental Office of Civil Rights, U.S. Department of 
Transportation.
[FR Doc. 2023-24446 Filed 11-3-23; 8:45 am]
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