[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46639-46640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21805]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT-0ST-2009-0191]


Notice of Rights and Protections Available Under the Federal 
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Office of the Secretary, DOT.

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: 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 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 
1614.105. 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--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

[[Page 46640]]

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 Part 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).

Mary N. Whigham Jones,
Acting Director, Departmental Office of Civil Rights, United States 
Department of Transportation.
[FR Doc. E9-21805 Filed 9-9-09; 8:45 am]
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