Notice2023-24446
Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
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Published
November 6, 2023
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
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76275-76276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#ffa6899a8b8b9ad1ad96899a8d9ebf9b908bd1989089"><span class="__cf_email__" data-cfemail="a7fed1c2d3d3c289f5ced1c2d5c6e7c3c8d389c0c8d1">[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,'' 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 <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 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 <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#5808392c2a313b3139761e313d343c2b183c372c763f372e"><span class="__cf_email__" data-cfemail="54043520263d373d357a123d3138302714303b207a333b22">[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#1e5a515d4c415d535c5e7a716a30797168"><span class="__cf_email__" data-cfemail="87c3c8c4d5d8c4cac5c7e3e8f3a9e0e8f1">[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 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 <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 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 <a href="http://www.osc.gov">http://www.osc.gov</a>.
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
<a href="/cdn-cgi/l/email-protection#056d6a71696c6b60456a6c622b616a712b626a73"><span class="__cf_email__" data-cfemail="422a2d362e2b2c27022d2b256c262d366c252d34">[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, 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 <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, 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]
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.