Notice2021-23814
Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 2, 2021
Issuing agencies
Transportation Department
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 209 (Tuesday, November 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60526-60528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23814]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="/cdn-cgi/l/email-protection#025b74677676672c506b7467706342666d762c656d74"><span class="__cf_email__" data-cfemail="207956455454450e72495645524160444f540e474f56">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may retrieve this document online through the Federal Document
Management System at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.transportation.gov/civil-rights">http://www.transportation.gov/civil-rights</a>; 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 <a href="https://secure.dot.gov/form/eeoc">https://secure.dot.gov/form/eeoc</a> or by email at <a href="/cdn-cgi/l/email-protection#c696a7b2b4afa5afa7e880afa3aaa2b586a2a9b2e8a1a9b0"><span class="__cf_email__" data-cfemail="1b4b7a6f697278727a355d727e777f685b7f746f357c746d">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#9dd9d2decfc2ded0dfddf9f2e9b3faf2eb"><span class="__cf_email__" data-cfemail="ca8e858998958987888aaea5bee4ada5bc">[email protected]</span></a> 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 <a href="https://www.eeoc.gov/employees/charge.cfm">https://www.eeoc.gov/employees/charge.cfm</a>, 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
<a href="http://www.osc.gov">http://www.osc.gov</a>, 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 <a href="https://osc.gov/Resources/Pages/Forms.aspx">https://osc.gov/Resources/Pages/Forms.aspx</a>. 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 <a href="/cdn-cgi/l/email-protection#b9d1d6cdd5d0d7dcf9d6d0de97ddd6cd97ded6cf"><span class="__cf_email__" data-cfemail="452d2a31292c2b20052a2c226b212a316b222a33">[email protected]</span></a>, or online at <a href="https://www.oig.dot.gov/hotline">https://www.oig.dot.gov/hotline</a>. 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 <a href="http://www.eeoc.gov">http://www.eeoc.gov</a> and the OSC website at <a href="http://www.osc.gov">http://www.osc.gov</a>.
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]
BILLING CODE 4910-9X-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.