Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 61820-61822 [2012-25008]

Download as PDF 61820 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES Administrative Review (A–570–941); Certain Oil Country Tubular Goods (A– 570–943); Prestressed Concrete Steel Wire Strand (A–570–945); Certain Steel Grating (A–570–947); Wire Decking (A– 570–949); Narrow Woven Ribbons With Woven Selvedge (A–570–952); Certain Magnesia Carbon Bricks (A–570–954); Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe (A–570–956); Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses (A–570–958); Certain Potassium Phosphate Salts (A– 570–962); Drill Pipe (A–570–965); Aluminum Extrusions (A–570–967); Multilayered Wood Flooring (A–570– 970); Certain Steel Wheels (A–570–973); Galvanized Steel Wire (A–570–975); High Pressure Steel Cylinders (A–570– 977); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules (A–570–979); Utility Scale Wind Towers (A–570–981); and Drawn Stainless Steel Sinks (A–570–983). China alleges inconsistencies with Articles VI, X:1, X:2, X:3 of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’), Articles 10, 15, 19, 21 and 32 of the Agreement on Subsidies and Countervailing Measures, and Articles 9 and 11 of the Agreement on Implementation of Article VI of the GATT 1994. The challenged investigations and reviews are available at the following web page of the Department of Commerce: https:// ia.ita.doc.gov/frn/. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit public comments electronically to www.regulations.gov docket number USTR–2012–0031. If you are unable to provide submissions by www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via www.regulations.gov, enter docket number USTR–2012–0031 on the home page and click ‘‘search’’. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘‘Notice’’ under ‘‘Document Type’’ on the left side of the searchresults page, and click on the link entitled ‘‘Comment Now!.’’ (For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use Regulations.gov’’ on the bottom of the page.) VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 The www.regulations.gov site provides the option of providing comments by filling in a ‘‘Type Comments’’ field or by attaching a document using an ‘‘upload file’’ field. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type ‘‘See attached’’ in the ‘‘Type Comments’’ field. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be submitted by fax to Sandy McKinzy at (202) 395–3640. A non-confidential summary of the confidential information must be submitted to www.regulations.gov. The nonconfidential summary will be placed in the docket and open to public inspection. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter— (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as ‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page; and (3) Must provide a non-confidential summary of the information or advice. Any comment containing confidential information must be submitted by fax. A non-confidential summary of the confidential information must be submitted to www.regulations.gov. The non-confidential summary will be placed in the docket and open to public inspection. Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding accessible to the public at www.regulations.gov, docket number USTR–2012–0031. The public file will include nonconfidential comments received by USTR from the public with respect to the dispute. If a dispute settlement PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 panel is convened or in the event of an appeal from such a panel, the U.S. submissions, any non-confidential submissions, or non-confidential summaries of submissions, received from other participants in the dispute, will be made available to the public on USTR’s Web site at www.ustr.gov, and the report of the panel, and, if applicable, the report of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org. Comments open to public inspection may be viewed on the www.regulations.gov Web site. Juan Millan, Acting Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2012–25061 Filed 10–10–12; 8:45 am] BILLING CODE 3290–F3–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. OST–2012–0165] Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws Office of the Secretary, Department of Transportation. ACTION: No FEAR Act Notice. AGENCY: 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: John Benison, 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., Room W78–304, Washington, DC 20590, 202–366–1732 or by email at John.Benison@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access You may retrieve this document online through the Federal Document Management System at https:// www.regulations.gov. Electronic retrieval instructions are available under the help section of the Web site. An electronic copy is also available for download from the Government E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices Printing Office’s Electronic Bulletin Board at https://www.nara.gov/fedreg and the Government Printing Office’s Web page at https://www.access.gpo.gov/ nara. pmangrum on DSK3VPTVN1PROD with NOTICES 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 is to inform you of the rights and protections available to you 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 VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 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 (ADEA), 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, 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) (See Contact information below). 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. Form OSC–11 is available online at the OSC Web site https://www.osc.gov/index.htm, under the filing tab (Contact Information). Additionally, you can download the form under the same filing tab, under OSC Forms. Complete this form 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. If you are alleging compensation discrimination pursuant to the Equal Pay Act (EPA), 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 61821 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 202–036–4505 using Form OSC–11. Alternatively, you may file online through the OSC Web site at https://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 according to 5 U.S.C. 1214(f), USDOT 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 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 https://www.eeoc.gov and the OSC Web site at https://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 E:\FR\FM\11OCN1.SGM 11OCN1 61822 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices a project, and the laws under which such actions were taken, are described in the documented environmental Dated: October 3, 2012. assessments (EAs) issued in connection Camille Hazeur, with the project, and in other FHWA Director, Departmental Office of Civil Rights, project records. The EAs and other United States Department of Transportation. documents from the FHWA project [FR Doc. 2012–25008 Filed 10–10–12; 8:45 am] record files for the listed projects are BILLING CODE 4910–9X–P available by contacting the FHWA or TxDOT at the addresses provided above. This notice applies to all Federal DEPARTMENT OF TRANSPORTATION agency decisions on the listed projects as of the issuance date of this notice and Federal Highway Administration all laws under which such actions were Notice of Final Federal Agency Actions taken. This notice does not apply to the U.S. Army Corps of Engineering on Proposed Highways in Texas (USACE) permitting process for these AGENCY: Federal Highway projects, because no USACE permits Administration (FHWA), (DOT). have been issued for any of the projects ACTION: Notice of Limitation on Claims to date. The laws under which Federal for Judicial Review of Actions by FHWA agency decisions were made on the and Other Federal Agencies. projects listed in this notice include, but are not limited to: SUMMARY: This notice announces actions 1. General: National Environmental taken by the FHWA and other Federal Policy Act (NEPA) [42 U.S.C. 4321– agencies that are final within the 4351]; Federal-Aid Highway Act meaning of 23 U.S.C. 139(l)(1). The (FAHA) [23 U.S.C. 109 and 128]. actions relate to various proposed 2. Air: Clean Air Act (CAA), 42 U.S.C. highway projects in Tarrant, Dallas and 7401–7671(q). Denton Counties, Texas. Those actions 3. Land: Section 4(f) of the grant licenses, permits, and approvals Department of Transportation Act of for the projects. 1966 [49 U.S.C. 303]. 4. Wildlife: Endangered Species Act DATES: By this notice, the FHWA is (ESA) [16 U.S.C. 1531–1544 and Section advising the public of final agency 1536], Migratory Bird Treaty Act actions subject to 23 U.S.C. 139(l)(1). A (MBTA) [16 U.S.C. 703–712]. claim seeking judicial review of the 5. Historic and Cultural Resources: Federal agency actions on any of the Section 106 of the National Historic listed highway projects will be barred Preservation Act of 1966, as amended unless the claim is filed on or before (106) [16 U.S.C. 470(f) et seq.]; March 10, 2013. If the Federal law that Archeological Resources Protection Act authorizes judicial review of a claim of 1979 (ARPA) [16 U.S.C. 470(aa)– provides a time period of less than 150 470(11)]; Archeological and Historic days for filing such claim, then that Preservation Act (AHPA) [16 U.S.C. shorter time period still applies. 469–469(c)]; Native American Grave FOR FURTHER INFORMATION CONTACT: For Protection and Repatriation Act FHWA: Mr. Achille Alonzi, Assistant Division Administrator, Texas Division, (NAGPRA) [25 U.S.C. 3001–3013] 6. Social and Economic: Civil Rights Federal Highway Administration, 300 E. Act of 1964 (Civil Rights) [42 U.S.C. 8th Street, Room 826, Austin, Texas 2000(d)–2000(d)(1)]; American Indian 78701; 8:00 a.m. to 5:00 p.m. (central Religious Freedom Act (AIRF) [42 time) Monday through Friday, 512–536– U.S.C. 1996]; Farmland Protection 5902; email: al.alonzi@fhwa.dot.gov. For Policy Act (FPPA) [7 U.S.C. 4201–4209]. Texas Department of Transportation 7. Wetlands and Water Resources: (TxDOT): Mr. Carlos Swonke, Director Clean Water Act, 33 U.S.C. 1251–1377 of Environmental Affairs Division, (Section 404, Section 401, Section 319); Texas Department of Transportation Rivers and Harbors Act of 1899 (RHA), (TxDOT), 118 E. Riverside, Austin, 33 U.S.C. 401–406; Safe Drinking Water Texas 78704; 8:00 a.m. to 5:00 p.m. Act (SDWA) [42 U.S.C. 300(f)–300(j)(6); (central time) Monday through Friday, Emergency Wetlands Resources Act 512–416–2734; email: (EWRA) [16 U.S.C. 3921, 3931]; carlos.swonke@txdot.gov. Wetlands Mitigation (WM) [23 U.S.C. SUPPLEMENTARY INFORMATION: Notice is 103(b)(6)(M) and 133(b)(11); Flood hereby given that the FHWA and other Disaster Protection Act (FDPA) [42 Federal agencies have taken final agency U.S.C. 4001–4128]. 8. Executive Orders: E.O. 11990 actions by issuing licenses, permits, and Protection of Wetlands; E.O. 11988 approvals for the highway projects in Floodplain Management; E.O. 13007 the State of Texas that are listed below. Indian Sacred Sites; E.O. 13287 Preserve The actions by the Federal agencies on pmangrum on DSK3VPTVN1PROD with NOTICES States, including the provisions of law specified in 5 U.S.C. 2302(d). VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 13112 Invasive Species and the Executive Memorandum on Beneficial Landscaping; and E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency. The projects subject to this notice are: (1) Project location: The 10.8 mile section of Interstate Highway (IH) 35W North study limits extend from State Highway (SH) 114 in Denton County to IH 820 in Tarrant County Texas. The proposed improvements extend from south of SH 114 at Eagle Parkway to IH 820. Project reference number: TxDOT Control Section Job numbers (CSJs): 0014–16–252, 0014–16–255, 0081–12– 041 & 0081–13–904. Project Type: The various ultimate lane configurations of the three sections of the roadway are described as follows: • From Eagle Parkway to US 81/287, the proposed project will consist of reconstructing and widening the roadway to a 10-lane facility consisting of three general purpose lanes (non-toll) in each direction and a barrier-separated four-lane concurrent managed (toll) lane facility (two lanes in each direction). The concurrent managed (toll) lane facility will be centered between the general purpose lanes (non-toll). Auxiliary lanes will be constructed between entrance and exit ramps along the roadway and two/three lane frontage roads in each direction with bicycle accommodation will be constructed. Direct connectors from IH 35W to SH 170 will also be constructed. • From US 81/287 to Basswood Boulevard, the proposed project will consist of reconstructing and widening the roadway to a 12-lane facility consisting of four general purpose lanes (non-toll) in each direction and a barrier-separated four-lane concurrent managed (toll) lane facility (two lanes in each direction). The concurrent managed (toll) lane facility will be centered between the general purpose lanes (non-toll). Auxiliary lanes will be constructed between entrance and exit ramps along the roadway and two/three/ four-lane frontage roads in each direction with bicycle accommodation will be constructed throughout this section. Direct connectors to/from US 81/287 from IH 35W managed (toll) lanes will be constructed. • From Basswood Boulevard to IH 820, the proposed project will consist of reconstructing and widening the E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61820-61822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25008]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2012-0165]


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: John Benison, 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., Room W78-304, Washington, DC 20590, 202-
366-1732 or by email at John.Benison@dot.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve this document online through the Federal Document 
Management System at https://www.regulations.gov. Electronic retrieval 
instructions are available under the help section of the Web site. An 
electronic copy is also available for download from the Government

[[Page 61821]]

Printing Office's Electronic Bulletin Board at https://www.nara.gov/fedreg and the Government Printing Office's Web page at https://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,'' 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 is to inform you of the rights and protections 
available to you 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 a United States district court under the 
Age Discrimination in Employment Act (ADEA), 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, 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) (See Contact information 
below). 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. Form OSC-11 is available online at 
the OSC Web site https://www.osc.gov/index.htm, under the filing tab 
(Contact Information). Additionally, you can download the form under 
the same filing tab, under OSC Forms. Complete this form 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.
    If you are alleging compensation discrimination pursuant to the 
Equal Pay Act (EPA), 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 202-036-4505 using Form OSC-11. 
Alternatively, you may file online through the OSC Web site at https://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 according to 5 U.S.C. 1214(f), USDOT 
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 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 https://www.eeoc.gov and the OSC Web site at https://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

[[Page 61822]]

States, including the provisions of law specified in 5 U.S.C. 2302(d).

    Dated: October 3, 2012.
Camille Hazeur,
Director, Departmental Office of Civil Rights, United States Department 
of Transportation.
[FR Doc. 2012-25008 Filed 10-10-12; 8:45 am]
BILLING CODE 4910-9X-P

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