Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 68955-68956 [2020-24133]

Download as PDF Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2020–0204] 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). In doing so, the Department of Transportation notifies 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 Yvette.Rivera@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES 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 issue 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. VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 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, political affiliation, or in retaliation for a protected activity. 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, retaliation, 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 at 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). Aggrieved parties who complete the informal complaint process are provided with an electronic Individual Complaint of Employment Discrimination Form. During the Public Health Emergency, the Departmental Office of Civil Rights is only accepting the Form electronically or by email at Patricia.Fields@dot.gov. Once the Public Health Emergency is over, you may choose to submit the Form electronically, by mail to the EEO Complaints and Investigations Division of the Departmental Office of Civil Rights at 1200 New Jersey Avenue SE, W76–401, Washington, DC 20590, or by Fax to 202–493–2064. You may also contact the EEO Complaints and Investigations Division, Departmental Office of Civil Rights by phone at 202– 366–9370 if you need additional assistance. If you believe you experienced unlawful discrimination based on age, you must either contact an EEO counselor as noted above, or file a civil action in a United States district court under the Age Discrimination in Employment Act against the head of the alleged discriminating agency. If you choose to file a civil action, you must give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 68955 discriminatory action, and not less than 30 days before filing a civil action. You may file such notice in writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013, the EEOC Public Portal https://www.eeoc.gov/employees/ charge.cfm, hand delivery at 131 M St. NE, Washington, DC 20507, or by Fax at 202–663–7022. 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–14 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://osc.gov/Resources/Pages/ Forms.aspx. During the Public Health Emergency, OSC is only accepting Form OST–14 electronically. Once the Public Health Emergency is over, you may choose to submit the form electronically or complete Form OSC–14 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 1–800–872–9855 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 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 E:\FR\FM\30OCN1.SGM 30OCN1 68956 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices 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. You may also contact the USDOT Office of Inspector General Hotline by phone at 1–800– 424–8071, by email at hotline@ oig.dot.gov, by mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC 20590, or online at https://www.oig.dot.gov/hotline. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 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 27, 2020. Charles E. James, Sr., Director, Departmental Office of Civil Rights, U.S. Department of Transportation. [FR Doc. 2020–24133 Filed 10–29–20; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Comment Request for U.S. Income Tax Return Forms for Individual Taxpayers Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the burden associated with the U.S. Income Tax Return Forms for Individual Taxpayers. SUMMARY: Written comments should be received on or before December 29, 2020 to be assured of consideration. ADDRESSES: Direct all written comments to Kinna Brewington, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW, Washington, DC 20224. Requests for additional information or copies of the forms should be directed to R. Joseph Durbala, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW, Washington, DC 20224, or through the internet, at RJoseph.Durbala@irs.gov. SUPPLEMENTARY INFORMATION: Title: U.S. Income Tax Return for Individual Taxpayers. OMB Number: 1545–0074. Regulation Project Number: Form 1040 and affiliated return forms. Abstract: IRC sections 6011 & 6012 of the Internal Revenue Code require individuals to prepare and file income tax returns annually. These forms and related schedules are used by individuals to report their income subject to tax and compute their correct DATES: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 tax liability. This information collection request (ICR), covers the actual reporting burden associated with preparing and submitting the prescribed return forms, by individuals required to file Form 1040 and any of its’ affiliated forms as explained in the attached table. Current Actions: There have been changes in regulatory guidance related to various forms approved under this approval package during the past year. There have been additions and removals of forms included in this approval package. It is anticipated that these changes will have an impact on the overall burden and cost estimates requested for this approval package, however these estimates were not finalized at the time of release of this notice. These estimated figures are expected to be available by the release of the 30-comment notice from OMB. This approval package is being submitted for renewal purposes only. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or Households, Farms. Estimated Number of Respondents: 182,050,000. Estimated Time per Respondent: 9 hrs. 27 mins. Estimated Total Annual Burden Hours: 1,721,229,167. The following paragraph applies to all the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained if their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Desired Focus of Comments: The Internal Revenue Service (IRS) is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Pages 68955-68956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24133]



[[Page 68955]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2020-0204]


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). In doing so, the Department of Transportation 
notifies 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 issue 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, political affiliation, 
or in retaliation for a protected activity. 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, retaliation, 
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 at 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). Aggrieved parties who complete the 
informal complaint process are provided with an electronic Individual 
Complaint of Employment Discrimination Form. During the Public Health 
Emergency, the Departmental Office of Civil Rights is only accepting 
the Form electronically or by email at [email protected]. Once 
the Public Health Emergency is over, you may choose to submit the Form 
electronically, by mail to the EEO Complaints and Investigations 
Division of the Departmental Office of Civil Rights at 1200 New Jersey 
Avenue SE, W76-401, Washington, DC 20590, or by Fax to 202-493-2064. 
You may also contact the EEO Complaints and Investigations Division, 
Departmental Office of Civil Rights by phone at 202-366-9370 if you 
need additional assistance.
    If you believe you experienced unlawful discrimination based on 
age, you must either contact an EEO counselor as noted above, or file a 
civil action in a United States district court under the Age 
Discrimination in Employment Act against the head of the alleged 
discriminating agency. If you choose to file a civil action, you must 
give notice of intent to sue to the Equal Employment Opportunity 
Commission (EEOC) within 180 days of the alleged discriminatory action, 
and not less than 30 days before filing a civil action. You may file 
such notice in writing with the EEOC via mail at P.O. Box 77960, 
Washington, DC 20013, the EEOC Public Portal https://www.eeoc.gov/employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC 
20507, or by Fax at 202-663-7022.
    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-14 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://osc.gov/Resources/Pages/Forms.aspx. During the Public Health Emergency, 
OSC is only accepting Form OST-14 electronically. Once the Public 
Health Emergency is over, you may choose to submit the form 
electronically or complete Form OSC-14 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 1-800-872-9855 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 
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

[[Page 68956]]

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. You may also contact the USDOT Office of Inspector General 
Hotline by phone at 1-800-424-8071, by email at [email protected], by 
mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC 
20590, or online at https://www.oig.dot.gov/hotline.

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 27, 2020.
Charles E. James, Sr.,
Director, Departmental Office of Civil Rights, U.S. Department of 
Transportation.
[FR Doc. 2020-24133 Filed 10-29-20; 8:45 am]
BILLING CODE 4910-9X-P

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