Notice2022-27048
Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
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Published
December 14, 2022
Issuing agencies
Transportation Department
Abstract
This notice implements 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
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<title>Federal Register, Volume 87 Issue 239 (Wednesday, December 14, 2022)</title>
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[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76539-76541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27048]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2022-0119]
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 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#83daf5e6f7f7e6add1eaf5e6f1e2c3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="9cc5eaf9e8e8f9b2cef5eaf9eefddcf8f3e8b2fbf3ea">[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 FEAR Act was
amended on January 1, 2021, by the ``Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020'' [further strengthening
accountability for violations of federal civil rights laws]. 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, former
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.
[[Page 76540]]
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. The form can be submitted
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#7f2f1e0b0d161c161e5139161a131b0c3f1b100b51181009"><span class="__cf_email__" data-cfemail="5e0e3f2a2c373d373f7018373b323a2d1e3a312a70393128">[email protected]</span></a>. 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#d79398948588949a9597b3b8a3f9b0b8a1"><span class="__cf_email__" data-cfemail="afebe0ecfdf0ece2edefcbc0db81c8c0d9">[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 can be submitted electronically at the OSC website <a href="http://www.osc.gov">http://www.osc.gov</a>, under the tab ``File a Complaint.'' 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 can file a civil action in a court of competent
jurisdiction within two years, or, if the violation is willful, within
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.
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. Form OSC-14 can be filed electronically at <a href="http://www.osc.gov">http://www.osc.gov</a>.
You may also contact the USDOT Office of Inspector General Hotline by
phone at 1-800-424-8071, by fax at 202-366-7749, by email at
<a href="/cdn-cgi/l/email-protection#5e36312a3237303b1e313739703a312a70393128"><span class="__cf_email__" data-cfemail="c3abacb7afaaada683acaaa4eda7acb7eda4acb5">[email protected]</span></a>, online at <a href="https://www.oig.dot.gov/hotline">https://www.oig.dot.gov/hotline</a>, 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, 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).
[[Page 76541]]
Issued in Washington, DC, on December 8, 2022.
Irene Marion,
Director, Departmental Office of Civil Rights, U.S. Department of
Transportation.
[FR Doc. 2022-27048 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-9X-P
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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.