Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 50745-50746 [2018-21839]

Download as PDF Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices basis for any such claim and, if possible, a summary of your submission that can be made available to the public. Washington, DC 20590, 202–366–5131 or by email at Yvette.Rivera@dot.gov. SUPPLEMENTARY INFORMATION: Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. 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 website. Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121. * * * * * Dated: October 3, 2018. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2018–21822 Filed 10–5–18; 8:45 am] BILLING CODE 4910–81–P 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 Department of Transportation—Office of the Secretary. 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: 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, amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:13 Oct 05, 2018 Jkt 247001 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 https:// 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 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 50745 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 https://www.osc.gov, under the tab to file a complaint. Additionally, you can download the form from https:// www.osc.gov/Pages/ResourcesOSCForms.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 E:\FR\FM\09OCN1.SGM 09OCN1 50746 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 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 https://www.osc.gov. amozie on DSK3GDR082PROD with NOTICES1 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 VerDate Sep<11>2014 19:13 Oct 05, 2018 Jkt 247001 https://www.eeoc.gov and the OSC website 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 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 DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2018–0149] Notice of Request for Comments: Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0) Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Notice of request for comments. AGENCY: The Office of the Secretary of Transportation (OST) invites public comment on the document, Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0) [ISBN 978–0–16–094944–9]. This document builds upon Automated Driving Systems 2.0: A Vision for Safety and expands the scope to provide a framework and multimodal approach to the safe integration of AVs into the Nation’s broader surface transportation system. DATES: You should submit your comments within 60 days after the publication of AV 3.0. Written Comments: Comments should refer to the docket number above and be submitted by one of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal Holidays. SUMMARY: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or at https:// www.transportation.gov/privacy. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Please contact us at automation@dot.gov or Sujeesh Kurup (202–366–9953) for policy issues or Timothy Mullins (202– 366–9038) for legal issues. SUPPLEMENTARY INFORMATION: Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0) builds upon Automated Driving Systems 2.0: A Vision for Safety, expands the scope to all surface on-road transportation systems, and was developed through the input from a diverse set of stakeholder engagements 1 2 throughout the Nation. AV 3.0 is structured around three key areas: (1) Advancing multi-modal safety, (2) Reducing policy uncertainty, and (3) Outlining a process for working with DOT. The AV 3.0 document is available at: www.transportation.gov/av. The U.S. DOT sees AV 3.0 as the beginning of a national discussion about the future of our on-road surface transportation system. The U.S. DOT is seeking public comments on the document, Preparing for the Future of Transportation: Automated Vehicles 3.0 [ISBN 978–0–16–094944–9]. This document will necessarily evolve over time, changing based on public comment, the experience of the Department, manufacturers, suppliers, consumers, and others, and further technological innovation. The Department intends to revise and refine its approach to automation, as needed, to reflect such public input, experience, 1 https://www.transportation.gov/av/ publicnotices. 2 https://www.transportation.gov/av/events. E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50745-50746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21839]


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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 https://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 https://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 https://www.osc.gov, under the tab to file a 
complaint. Additionally, you can download the form from https://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 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, 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 https://www.eeoc.gov and the OSC website 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 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

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