[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58292-58293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23592]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[DOT-0ST-2008-0296]
Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws
AGENCY: 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
concerning the annual obligation of Federal agencies to notify all
employees, former employees, and applicants for Federal employment of
the rights and protections available to them under the Federal
Antidiscrimination Laws and Whistleblower Protection Laws.
FOR FURTHER INFORMATION CONTACT: Caffin Gordon, Associate Director of
Policy and Quality Control Division, S-35, Departmental Office of Civil
Rights, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue, SE., Washington, DC 20590, 202 366-4648 or
(TTY) 202-366-8538.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may retrieve this document online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov. The FDMS is
available 24 hours each day, 365 days each year. Electronic retrieval
help and guidelines are available under the help section of the Web
site. An electronic
[[Page 58293]]
copy of this document may be downloaded by using a computer, modem and
suitable communications software from the Government Printing Office's
Electronic Bulletin Board home page at: http://www.nara.gov/fedreg and
the Government Printing Office's Web page at: http://www.access.gpo.gov/nara.
No Fear Act Notice
On May 15, 2002, Congress enacted the ``Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,'' Public Law
107-174, which is now known as the No FEAR Act. One purpose of the Act
is to ``require that Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws.'' In support of
this purpose, Congress found that ``agencies cannot be run effectively
if those agencies practice or tolerate discrimination.'' The Act also
requires this agency to provide this notice to Federal employees,
former Federal employees and applicants for Federal employment to
inform you of the rights and protections available to you under Federal
antidiscrimination, whistleblower protection and retaliation laws.
Antidiscrimination Laws
A Federal agency cannot discriminate against an employee or
applicant with respect to the terms, conditions or privileges of
employment on the basis of race, color, religion, sex, national origin,
age, disability, marital status or political affiliation.
Discrimination on these bases is prohibited by one or more of the
following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C.
631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16.
If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, national
origin 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, before you can file a formal
complaint of discrimination with your agency. See, e.g., 29 CFR 1614.
If you believe that you have been the victim of unlawful discrimination
on the basis of 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 days of the alleged
discriminatory action. If you are alleging discrimination based on
marital status or political affiliation, you may file a written
complaint with the U.S. Office of Special Counsel (OSC) (see contact
information below). In the alternative (or in some cases, in addition),
you may pursue a discrimination complaint by filing a grievance through
your agency's administrative or negotiated grievance procedures, if
such procedures apply and are available.
Whistleblower Protection Laws
A Federal 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 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 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 an employee or applicant for making a protected
disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that
you have been the victim of whistleblower retaliation, you may file a
written complaint (Form OSC-11) with the U.S. Office of Special Counsel
at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online
through the OSC Web site--http://www.osc.gov.
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 protections 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 the existing laws, each agency retains the right, where
appropriate, to discipline a Federal employee who has engaged in
discriminatory or retaliatory conduct, up to and including removal. If
OSC has initiated an investigation under 5 U.S.C. 1214, however,
according to 5 U.S.C. 1214(f), agencies must seek approval from the
Special Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation. Nothing in the No FEAR Act alters
existing laws or permits an agency to take unfounded disciplinary
action against a Federal employee or to violate the procedural rights
of a Federal employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act regulations,
refer to 5 CFR 724, as well as the appropriate offices within your
agency (e.g., EEO/civil rights office, human resources office or legal
office). Additional information regarding Federal antidiscrimination,
whistleblower protection and retaliation laws can be found at the EEOC
Web site--http://www.eeoc.gov and the OSC Web site--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 September 29, 2008.
J. Michael Trujillo,
Director, Departmental Office of Civil Rights, United States Department
of Transportation.
[FR Doc. E8-23592 Filed 10-3-08; 8:45 am]
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