82 FR 46120 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 82, Issue 190 (October 3, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 190 (October 3, 2017)
| Page Range | 46120-46121 | |
| FR Document | 2017-21197 |
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)] [Notices] [Pages 46120-46121] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21197] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2017-0118] 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). It is the annual obligation for Federal agencies to notify 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 of the 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 Web site. 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). One purpose of the 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 Act also requires the United States Department of Transportation (USDOT) to provide 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, national origin, age, disability, marital status, genetic information, or political affiliation. 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 were a victim of unlawful discrimination on the bases of race, color, religion, sex, national origin, age, genetic information, and/or disability, you must contact an 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 try and resolve the matter informally. This must be done before filing a formal complaint of discrimination with USDOT (See, e.g., 29 CFR part 1614). If you believe you were a victim of unlawful discrimination based on age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. As an alternative to filing a complaint pursuant to 29 CFR part 1614, you can file a civil action in [[Page 46121]] a United States district court under the Age Discrimination in Employment Act, against the head of an alleged discriminating agency after giving the EEOC not less than a 30 day notice of the intent to file such action. You may file such notice in writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013, the EEOC Web site https://www.eeoc.gov/employees/charge.cfm, personal delivery, or facsimile within 180 days of the occurrence of the alleged unlawful practice. 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). Form OSC-11 is available online at the OSC Web site http://www.osc.gov, under the tab to file a complaint. Additionally, you can download the form from http://www.osc.gov/Pages/Resources-OSCForms.aspx. Complete Form OSC-11 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 also have the option to call the Complaints Examining Unit at (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, or fail 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 at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 using Form OSC-11. Alternatively, you may file online through the OSC Web site at http://www.osc.gov. 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 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 Web site at http://www.eeoc.gov and the OSC Web site at http://www.osc.gov. Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, neither the 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 2, 2017. Charles E. James, Sr., Director, Departmental Office of Civil Rights, U.S. Department of Transportation. [FR Doc. 2017-21197 Filed 10-2-17; 8:45 am] BILLING CODE 4910-9X-P
![46120 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices
optional ‘‘peg’’ rate (13 CFR 120.214) on October 30, 2017, From 2:00 p.m.–4:00 Management System at http://
a quarterly basis. This rate is a weighted p.m. www.regulations.gov. Electronic
average cost of money to the 1. Opening Remarks retrieval instructions are available under
government for maturities similar to the 2. Consideration of Minutes of Past the help section of the Web site.
average SBA direct loan. This rate may Meeting No FEAR Act Notice
be used as a base rate for guaranteed 3. Quarterly Report
fluctuating interest rate SBA loans. This 4. Old and New Business On May 15, 2002, Congress enacted
rate will be 2.50 percent for the 5. Closing Discussion the ‘‘Notification and Federal Employee
October–December quarter of FY 2018. 6. Adjournment. Antidiscrimination and Retaliation Act
Pursuant to 13 CFR 120.921(b), the of 2002,’’ now recognized as the No
Public Participation FEAR Act (Pub. L. 107–174). One
maximum legal interest rate for any
third party lender’s commercial loan Attendance at the meeting is open to purpose of the Act is to ‘‘require that
which funds any portion of the cost of the interested public but limited to the Federal agencies be accountable for
a 504 project (see 13 CFR 120.801) shall space available. With the approval of violations of antidiscrimination and
be 6% over the New York Prime rate or, the Administrator, members of the whistleblower protection laws.’’ (Pub. L.
if that exceeds the maximum interest public may present oral statements at 107–174, Summary). In support of this
rate permitted by the constitution or the meeting. Persons wishing further purpose, Congress found that ‘‘agencies
laws of a given State, the maximum information should contact the person cannot be run effectively if those
interest rate will be the rate permitted listed in the FOR FURTHER INFORMATION agencies practice or tolerate
by the constitution or laws of the given CONTACT, not later than Monday, discrimination’’ (Pub. L. 107–174, Title
State. October 23, 2017. Any member of the I, General Provisions, section 101(1)).
public may present a written statement The Act also requires the United States
Dianna L. Seaborn, to the Advisory Board at any time. Department of Transportation (USDOT)
Director, Office of Financial Assistance. to provide this Notice to all USDOT
Carrie Lavigne,
[FR Doc. 2017–21200 Filed 10–2–17; 8:45 am] employees, former USDOT employees,
Chief Counsel, Saint Lawrence Seaway
BILLING CODE 8025–01–P and applicants for USDOT employment.
Development Corporation.
This Notice informs such individuals of
[FR Doc. 2017–21155 Filed 10–2–17; 8:45 am]
the rights and protections available
BILLING CODE P
DEPARTMENT OF TRANSPORTATION under Federal antidiscrimination and
whistleblower protection laws.
Saint Lawrence Seaway Development DEPARTMENT OF TRANSPORTATION Antidiscrimination Laws
Corporation
A Federal agency cannot discriminate
Office of the Secretary
Advisory Board—Notice of Public against an employee or applicant with
Meetings [Docket No. DOT–OST–2017–0118] respect to the terms, conditions, or
privileges of employment because of
AGENCY: Saint Lawrence Seaway Notice of Rights and Protections race, color, religion, sex, national origin,
Development Corporation (SLSDC); Available Under the Federal age, disability, marital status, genetic
DOT. Antidiscrimination and Whistleblower information, or political affiliation. One
ACTION: Notice of public meeting. Protection Laws or more of the following statutes
SUMMARY: This notice announces the AGENCY: Office of the Secretary, prohibit discrimination on these bases:
public meeting via conference call of the Department of Transportation. 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29
Saint Lawrence Seaway Development ACTION: No FEAR Act Notice. U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C.
Corporation Advisory Board. 791, 42 U.S.C. 2000e–16 and 2000ff.
SUMMARY: This Notice implements Title If you believe you were a victim of
DATES: The public meeting will be held
II of the Notification and Federal unlawful discrimination on the bases of
on (all times Central): Employee Antidiscrimination and race, color, religion, sex, national origin,
• Monday, October 30, 2017, from
Retaliation Act of 2002 (No FEAR Act of age, genetic information, and/or
2:00 p.m.–4:00 p.m.
2002). It is the annual obligation for disability, you must contact an Equal
ADDRESSES: The meeting will be held in Federal agencies to notify all employees, Employment Opportunity (EEO)
person and via conference call at the former employees, and applicants for counselor within 45 calendar days of
Global Waters Center, 247 West Federal employment of the rights and the alleged discriminatory action, or in
Freshwater Way (Suite 529), Milwaukee, protections available to them under the the case of a personnel action, within 45
WI 53204. Federal Anti-discrimination and calendar days of the effective date of the
FOR FURTHER INFORMATION CONTACT: Whistleblower Protection Laws. action to try and resolve the matter
Wayne Williams, Chief of Staff, Saint FOR FURTHER INFORMATION CONTACT: informally. This must be done before
Lawrence Seaway Development Yvette Rivera, Associate Director of the filing a formal complaint of
Corporation, 1200 New Jersey Avenue Equity and Access Division (S–32), discrimination with USDOT (See, e.g.,
SE., Washington, DC 20590; 202–366– Departmental Office of Civil Rights, 29 CFR part 1614). If you believe you
0091 Office of the Secretary, U.S. Department were a victim of unlawful
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUPPLEMENTARY INFORMATION: of Transportation, 1200 New Jersey discrimination based on age, you must
Pursuant to Section 10(a)(2) of the Avenue SE., Room W78–306, either contact an EEO counselor as
Federal Advisory Committee Act (Pub. Washington, DC 20590, 202–366–5131 noted above or give notice of intent to
L. 92–463; 5 U.S.C. App. I), notice is or by email at Yvette.Rivera@dot.gov. sue to the Equal Employment
hereby given of a meeting of the SUPPLEMENTARY INFORMATION: Opportunity Commission (EEOC) within
Advisory Board of the Saint Lawrence 180 calendar days of the alleged
Seaway Development Corporation Electronic Access discriminatory action. As an alternative
(SLSDC). The agenda for this meeting You may retrieve this document to filing a complaint pursuant to 29 CFR
will be as follows: online through the Federal Document part 1614, you can file a civil action in
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![Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 46121
a United States district court under the Alternatively, you may file a civil action engages in conduct that is inconsistent
Age Discrimination in Employment Act, in a court of competent jurisdiction with Federal Antidiscrimination and
against the head of an alleged within two years, or if the violation is Whistleblower Protection laws up to
discriminating agency after giving the willful, three years of the date of the and including removal from Federal
EEOC not less than a 30 day notice of alleged violation, regardless of whether service. If OSC initiates an investigation
the intent to file such action. You may you pursued any administrative under 5 U.S.C. 1214, USDOT must seek
file such notice in writing with the complaint processing. The filing of a approval from the Special Counsel to
EEOC via mail at P.O. Box 77960, complaint or appeal pursuant to 29 CFR discipline employees for, among other
Washington, DC 20013, the EEOC Web part 1614 shall not toll the time for activities, engaging in prohibited
site https://www.eeoc.gov/employees/ filing a civil action. retaliation (5 U.S.C. 1214). Nothing in
charge.cfm, personal delivery, or Whistleblower Protection Laws the No FEAR Act alters existing laws, or
facsimile within 180 days of the permits an agency to take unfounded
occurrence of the alleged unlawful A USDOT employee with authority to disciplinary action against a USDOT
practice. take, direct others to take, recommend, employee, or to violate the procedural
If you are alleging discrimination or approve any personnel action must rights of a USDOT employee accused of
based on marital status or political not use that authority to take, or fail to discrimination.
affiliation, you may file a written take, or threaten to take, or fail to take
a personnel action against an employee Additional Information
discrimination complaint with the U.S.
or applicant because of a disclosure of
Office of Special Counsel (OSC). Form For more information regarding the
information by that individual that is
OSC–11 is available online at the OSC No FEAR Act regulations, refer to 5 CFR
reasonably believed to evidence
Web site http://www.osc.gov, under the part 724, as well as the appropriate
violations of law, rule, or regulation;
tab to file a complaint. Additionally, office(s) within your agency (e.g., EEO/
gross mismanagement; gross waste of
you can download the form from http:// civil rights offices, human resources
funds; an abuse of authority; or a
www.osc.gov/Pages/Resources- offices, or legal offices). You can find
substantial and specific danger to public
OSCForms.aspx. Complete Form OSC– additional information regarding
health or safety, unless the disclosure of
11 and mail it to the Complaints Federal antidiscrimination,
such information is specifically
Examining Unit, U.S. Office of Special whistleblower protection, and
prohibited by law and such information
Counsel at 1730 M Street NW., Suite is specifically required by Executive retaliation laws at the EEOC Web site at
218, Washington, DC 20036–4505. You Order to be kept secret in the interest of http://www.eeoc.gov and the OSC Web
also have the option to call the national defense or the conduct of site at http://www.osc.gov.
Complaints Examining Unit at (800) foreign affairs.
872–9855 for additional assistance. In Existing Rights Unchanged
Retaliation against a USDOT
the alternative (or in some cases, in employee or applicant for making a Pursuant to section 205 of the No
addition), you may pursue a protected disclosure is prohibited (5 FEAR Act, neither the Act nor this
discrimination complaint by filing a U.S.C. 2302(b)(8)). If you believe you are notice creates, expands, or reduces any
grievance through the USDOT a victim of whistleblower retaliation, rights otherwise available to any
administrative or negotiated grievance you may file a written complaint with employee, former employee, or
procedures, if such procedures apply the U.S. Office of Special Counsel at applicant under the laws of the United
and are available. 1730 M Street NW., Suite 218, States, including the provisions of law
If you are alleging compensation Washington, DC 20036–4505 using specified in 5 U.S.C. 2302(d).
discrimination pursuant to the Equal Form OSC–11. Alternatively, you may
Pay Act, and wish to pursue your Issued in Washington, DC, on October 2,
file online through the OSC Web site at 2017.
allegations through the administrative http://www.osc.gov.
process, you must contact an EEO Charles E. James, Sr.,
counselor within 45 calendar days of Disciplinary Actions Director, Departmental Office of Civil Rights,
the alleged discriminatory action as Under existing laws, USDOT retains U.S. Department of Transportation.
such complaints are processed under the right, where appropriate, to [FR Doc. 2017–21197 Filed 10–2–17; 8:45 am]
EEOC’s regulations at 29 CFR part 1614. discipline a USDOT employee who BILLING CODE 4910–9X–P
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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Document Created: 2017-10-03 01:01:15
Document Modified: 2017-10-03 01:01:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | No FEAR Act Notice. | |
| Contact | Yvette Rivera, Associate Director of the 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] | |
| FR Citation | 82 FR 46120 |
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