83 FR 50745 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 83, Issue 195 (October 9, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50745-50746 | |
| FR Document | 2018-21839 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Notices] [Pages 50745-50746] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21839] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2018-0147] 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. ----------------------------------------------------------------------- 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 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). 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 have experienced 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. A directory of EEO officers is available on the Departmental Office of Civil Rights website http://www.transportation.gov/civil-rights, under the ``Contact Us'' tab. You will be offered the opportunity to resolve the matter informally; if you are unable to resolve the matter informally, you can file 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 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 website 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 website 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 [[Page 50746]] 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 at 1730 M Street NW, Suite 218, Washington, DC 20036-4505 using Form OSC-11. Alternatively, you may file online through the OSC website 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 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 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, 2018. Charles E. James, Sr., Director, Departmental Office of Civil Rights, U.S. Department of Transportation. [FR Doc. 2018-21839 Filed 10-5-18; 8:45 am] BILLING CODE 4910-9X-P
![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 50745
basis for any such claim and, if possible, Washington, DC 20590, 202–366–5131 file a formal complaint of
a summary of your submission that can or by email at Yvette.Rivera@dot.gov. discrimination with USDOT (See, e.g.,
be made available to the public. SUPPLEMENTARY INFORMATION: 29 CFR part 1614).
If you believe you were a victim of
Privacy Act Electronic Access unlawful discrimination based on age,
In accordance with 5 U.S.C. 553(c), You may retrieve this document you must either contact an EEO
DOT solicits comments from the public online through the Federal Document counselor as noted above or give notice
to better inform its rulemaking process. Management System at http:// of intent to sue to the Equal
DOT posts these comments, without www.regulations.gov. Electronic Employment Opportunity Commission
edit, to www.regulations.gov, as retrieval instructions are available under (EEOC) within 180 calendar days of the
described in the system of records the help section of the website. alleged discriminatory action. As an
notice, DOT/ALL–14 FDMS, accessible alternative to filing a complaint
No FEAR Act Notice
through www.dot.gov/privacy. To pursuant to 29 CFR part 1614, you can
facilitate comment tracking and On May 15, 2002, Congress enacted file a civil action in a United States
response, we encourage commenters to the ‘‘Notification and Federal Employee district court under the Age
provide their name, or the name of their Antidiscrimination and Retaliation Act Discrimination in Employment Act,
organization; however, submission of of 2002,’’ now recognized as the No against the head of an alleged
names is completely optional. Whether FEAR Act (Pub. L. 107–174). One discriminating agency after giving the
or not commenters identify themselves, purpose of the Act is to ‘‘require that EEOC not less than a 30-day notice of
all timely comments will be fully Federal agencies be accountable for the intent to file such action. You may
considered. If you wish to provide violations of antidiscrimination and file such notice in writing with the
comments containing proprietary or whistleblower protection laws.’’ (Pub. L. EEOC via mail at P.O. Box 77960,
confidential information, please contact 107–174, Summary). In support of this Washington, DC 20013, the EEOC
the agency for alternate submission purpose, Congress found that ‘‘agencies website https://www.eeoc.gov/
instructions. cannot be run effectively if those employees/charge.cfm, personal
agencies practice or tolerate delivery, or facsimile within 180 days of
Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
discrimination’’ (Pub. L. 107–174, Title the occurrence of the alleged unlawful
46 U.S.C. 12121.
I, General Provisions, section 101(1)). practice.
* * * * * The Act also requires the United States If you are alleging discrimination
Dated: October 3, 2018. Department of Transportation (USDOT) based on marital status or political
By Order of the Maritime Administrator. to provide this Notice to all USDOT affiliation, you may file a written
T. Mitchell Hudson, Jr., employees, former USDOT employees, discrimination complaint with the U.S.
Secretary, Maritime Administration. and applicants for USDOT employment. Office of Special Counsel (OSC). Form
[FR Doc. 2018–21822 Filed 10–5–18; 8:45 am]
This Notice informs such individuals of OSC–11 is available online at the OSC
the rights and protections available website http://www.osc.gov, under the
BILLING CODE 4910–81–P
under Federal antidiscrimination and tab to file a complaint. Additionally,
whistleblower protection laws. you can download the form from http://
DEPARTMENT OF TRANSPORTATION www.osc.gov/Pages/Resources-
Antidiscrimination Laws
OSCForms.aspx. Complete Form OSC–
Office of the Secretary A Federal agency cannot discriminate 11 and mail it to the Complaints
against an employee or applicant with Examining Unit, U.S. Office of Special
[Docket No. DOT–OST–2018–0147] respect to the terms, conditions, or Counsel at 1730 M Street NW, Suite
privileges of employment because of 218, Washington, DC 20036–4505. You
Notice of Rights and Protections
race, color, religion, sex, national origin, also have the option to call the
Available Under the Federal
age, disability, marital status, genetic Complaints Examining Unit at (800)
Antidiscrimination and Whistleblower
information, or political affiliation. One 872–9855 for additional assistance. In
Protection Laws
or more of the following statutes the alternative (or in some cases, in
AGENCY: Department of prohibit discrimination on these bases: addition), you may pursue a
Transportation—Office of the Secretary. 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29 discrimination complaint by filing a
ACTION: No FEAR Act notice. U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. grievance through the USDOT
791, 42 U.S.C. 2000e–16 and 2000ff. administrative or negotiated grievance
SUMMARY: This Notice implements Title If you believe you have experienced procedures, if such procedures apply
II of the Notification and Federal unlawful discrimination on the bases of and are available.
Employee Antidiscrimination and race, color, religion, sex, national origin, If you are alleging compensation
Retaliation Act of 2002 (No FEAR Act of age, genetic information, and/or discrimination pursuant to the Equal
2002). It is the annual obligation for disability, you must contact an Equal Pay Act, and wish to pursue your
Federal agencies to notify all employees, Employment Opportunity (EEO) allegations through the administrative
former employees, and applicants for counselor within 45 calendar days of process, you must contact an EEO
Federal employment of the rights and the alleged discriminatory action, or in counselor within 45 calendar days of
protections available to them under the the case of a personnel action, within 45 the alleged discriminatory action as
Federal Anti-discrimination and calendar days of the effective date of the such complaints are processed under
Whistleblower Protection Laws. action. A directory of EEO officers is EEOC’s regulations at 29 CFR part 1614.
amozie on DSK3GDR082PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT: available on the Departmental Office of Alternatively, you may file a civil action
Yvette Rivera, Associate Director of the Civil Rights website http:// in a court of competent jurisdiction
Equity and Access Division (S–32), www.transportation.gov/civil-rights, within two years, or if the violation is
Departmental Office of Civil Rights, under the ‘‘Contact Us’’ tab. You will be willful, three years of the date of the
Office of the Secretary, U.S. Department offered the opportunity to resolve the alleged violation, regardless of whether
of Transportation, 1200 New Jersey matter informally; if you are unable to you pursued any administrative
Avenue SE, Room W78–306, resolve the matter informally, you can complaint processing. The filing of a
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![50746 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices
complaint or appeal pursuant to 29 CFR http://www.eeoc.gov and the OSC Instructions: For detailed instructions
part 1614 shall not toll the time for website at http://www.osc.gov. on submitting comments and additional
filing a civil action. information on the rulemaking process,
Existing Rights Unchanged
see the Public Participation heading of
Whistleblower Protection Laws Pursuant to section 205 of the No the SUPPLEMENTARY INFORMATION section
A USDOT employee with authority to FEAR Act, neither the Act nor this of this document. Note that all
take, direct others to take, recommend, notice creates, expands, or reduces any comments received will be posted
or approve any personnel action must rights otherwise available to any without change to http://
not use that authority to take, or fail to employee, former employee, or www.regulations.gov, including any
take, or threaten to take a personnel applicant under the laws of the United personal information provided.
action against an employee or applicant States, including the provisions of law Privacy Act: Anyone is able to search
because of a disclosure of information specified in 5 U.S.C. 2302(d). the electronic form of all comments
by that individual that is reasonably Issued in Washington, DC, on October 2, received into any of our dockets by the
believed to evidence violations of law, 2018. name of the individual submitting the
rule, or regulation; gross Charles E. James, Sr., comment (or signing the comment, if
mismanagement; gross waste of funds; submitted on behalf of an association,
Director, Departmental Office of Civil Rights,
an abuse of authority; or a substantial U.S. Department of Transportation. business, labor union, etc.). You may
and specific danger to public health or review DOT’s complete Privacy Act
[FR Doc. 2018–21839 Filed 10–5–18; 8:45 am]
safety, unless the disclosure of such Statement in the Federal Register
BILLING CODE 4910–9X–P
information is specifically prohibited by published on April 11, 2000 (65 FR
law and such information is specifically 19477–78) or at https://
required by Executive Order to be kept DEPARTMENT OF TRANSPORTATION www.transportation.gov/privacy.
secret in the interest of national defense Docket: For access to the docket to
or the conduct of foreign affairs. Office of the Secretary read background documents or
Retaliation against a USDOT comments received, go to http://
employee or applicant for making a [Docket No. DOT–OST–2018–0149] www.regulations.gov or to the street
protected disclosure is prohibited (5 address listed above. Follow the online
Notice of Request for Comments:
U.S.C. 2302(b)(8)). If you believe you are instructions for accessing the dockets.
Preparing for the Future of
a victim of whistleblower retaliation, FOR FURTHER INFORMATION CONTACT:
Transportation: Automated Vehicles
you may file a written complaint with Please contact us at automation@dot.gov
3.0 (AV 3.0)
the U.S. Office of Special Counsel at or Sujeesh Kurup (202–366–9953) for
1730 M Street NW, Suite 218, AGENCY: Office of the Secretary (OST), policy issues or Timothy Mullins (202–
Washington, DC 20036–4505 using U.S. Department of Transportation 366–9038) for legal issues.
Form OSC–11. Alternatively, you may (DOT). SUPPLEMENTARY INFORMATION: Preparing
file online through the OSC website at ACTION: Notice of request for comments. for the Future of Transportation:
http://www.osc.gov. Automated Vehicles 3.0 (AV 3.0) builds
SUMMARY: The Office of the Secretary of upon Automated Driving Systems 2.0: A
Disciplinary Actions Transportation (OST) invites public Vision for Safety, expands the scope to
Under existing laws, USDOT retains comment on the document, Preparing all surface on-road transportation
the right, where appropriate, to for the Future of Transportation: systems, and was developed through the
discipline a USDOT employee who Automated Vehicles 3.0 (AV 3.0) [ISBN input from a diverse set of stakeholder
engages in conduct that is inconsistent 978–0–16–094944–9]. This document engagements 1 2 throughout the Nation.
with Federal Antidiscrimination and builds upon Automated Driving Systems AV 3.0 is structured around three key
Whistleblower Protection laws up to 2.0: A Vision for Safety and expands the areas: (1) Advancing multi-modal safety,
and including removal from Federal scope to provide a framework and (2) Reducing policy uncertainty, and (3)
service. If OSC initiates an investigation multimodal approach to the safe Outlining a process for working with
under 5 U.S.C. 1214, USDOT must seek integration of AVs into the Nation’s DOT. The AV 3.0 document is available
approval from the Special Counsel to broader surface transportation system. at: www.transportation.gov/av.
discipline employees for, among other DATES: You should submit your The U.S. DOT sees AV 3.0 as the
activities, engaging in prohibited comments within 60 days after the beginning of a national discussion about
retaliation (5 U.S.C. 1214). Nothing in publication of AV 3.0. the future of our on-road surface
the No FEAR Act alters existing laws, or Written Comments: Comments should transportation system. The U.S. DOT is
permits an agency to take unfounded refer to the docket number above and be seeking public comments on the
disciplinary action against a USDOT submitted by one of the following document, Preparing for the Future of
employee, or to violate the procedural methods: Transportation: Automated Vehicles 3.0
rights of a USDOT employee accused of • Federal Rulemaking Portal: http:// [ISBN 978–0–16–094944–9]. This
discrimination. www.regulations.gov. Follow the online document will necessarily evolve over
instructions for submitting comments. time, changing based on public
Additional Information • Mail: Docket Management Facility, comment, the experience of the
For more information regarding the U.S. Department of Transportation, 1200 Department, manufacturers, suppliers,
No FEAR Act regulations, refer to 5 CFR New Jersey Avenue SE, West Building consumers, and others, and further
part 724, as well as the appropriate Ground Floor, Room W12–140, technological innovation. The
amozie on DSK3GDR082PROD with NOTICES1
office(s) within your agency (e.g., EEO/ Washington, DC 20590–0001. Department intends to revise and refine
civil rights offices, human resources • Hand Delivery: 1200 New Jersey its approach to automation, as needed,
offices, or legal offices). You can find Avenue SE, West Building Ground to reflect such public input, experience,
additional information regarding Floor, Room W12–140, Washington, DC,
Federal antidiscrimination, between 9 a.m. and 5 p.m. ET, Monday 1 https://www.transportation.gov/av/
whistleblower protection, and through Friday, except Federal publicnotices.
retaliation laws at the EEOC website at Holidays. 2 https://www.transportation.gov/av/events.
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Document Created: 2018-10-06 00:58:54
Document Modified: 2018-10-06 00:58:54
| 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 | 83 FR 50745 |
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