Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 76275-76276 [2023-24446]

Download as PDF Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices conference facilities of the type often employed for board meetings and public hearings, businesses housed in transit facilities, and individual elements such as track crossings, ramps, parking lots and structures, fare vending machines and collection equipment, and accessible paths of travel. If the public has information on how these standards do or do not currently support equitable access, please submit comments to the docket for this rulemaking activity. All interested parties are encouraged to respond to this RFI. Submissions are strictly voluntary. Individuals or entities responding to this RFI should state their role as well as knowledge of and experience with the ADA in a transportation environment. DOT may request additional clarifying information from any or all respondents. If a respondent does not wish to be contacted by DOT for additional information, a statement to that effect should be included in the response. All information submitted should be unclassified and should not contain proprietary information, as it will be posted to www.regulations.gov without changes. DOT is not obligated to officially respond to the information received, but the responses will assist DOT in its consideration of whether to revise the ADA standards for transportation buildings and facilities. Comments may be submitted and viewed at Docket No. DOT–OST–2023– 0166 at https://www.regulations.gov. Signed pursuant to authority delegated at 49 CFR 1.27(a) on October 31, 2023. Subash S. Iyer, Acting General Counsel, Department of Transportation. [FR Doc. 2023–24422 Filed 11–3–23; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2023–0161] 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. ddrumheller on DSK120RN23PROD with NOTICES1 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 SUMMARY: VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 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, Equity and Access Division (S–32), Departmental Office of Civil Rights, Office of the Secretary, 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: 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). The No FEAR Act was amended on January 1, 2021, by the ‘‘Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020,’’ now recognized as the Cummings Act. One purpose of the No FEAR Act, which was strengthened by the Cummings 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 No FEAR Act also requires the Department of Transportation (DOT) to issue this Notice to all DOT employees, former DOT employees, and applicants for DOT 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, gender identity, sexual orientation, pregnancy, 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. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 76275 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e–16, 2000ff, 2000gg. If you believe you have experienced unlawful discrimination on the bases of race, color, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, retaliation, genetic information, and/or disability and wish to pursue a legal remedy, you must contact a DOT 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 DOT EEO counselors is available on the DOT Departmental Office of Civil Rights website at https:// www.transportation.gov/civil-rights; you can also contact the Departmental Office of Civil Rights by phone at 202–366– 4648 for more information. Once you contact the EEO counselor, you will be offered the opportunity to resolve the matter through the informal complaint process; if you are unable to resolve the matter through the informal complaint process, you can file a formal complaint of discrimination with DOT (see, e.g., 29 CFR part 1614). Parties who complete the informal complaint process are provided with an electronic Individual Complaint of Employment Discrimination Form. The form can be submitted electronically at https:// secure.dot.gov/form/eeoc or by email at Patricia.Fields@dot.gov. You may also contact the EEO Complaints and Investigations Division, Departmental Office of Civil Rights by phone at 202– 366–9370 or by email at DOCR_CMB@ dot.gov 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 at https://www.eeoc.gov/ employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC 20507, or Fax at 202–663–7022. If you are alleging unlawful discrimination based on marital status or political affiliation, you may file a written discrimination complaint with the U.S. Office of Special Counsel (OSC) E:\FR\FM\06NON1.SGM 06NON1 76276 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 using Form OSC–14. Form OSC–14 can be submitted electronically at the OSC website https://www.osc.gov, under the tab ‘‘File a Complaint.’’ You also have the option to call the Case Review Division 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 DOT administrative or negotiated grievance procedures, if such procedures apply and are available. If you are alleging unlawful 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 can 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 DOT 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 DOT 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 using Form OSC–14. Form OSC–14 can be filed electronically at https:// www.osc.gov. You may also contact the DOT Office of Inspector General Hotline by phone at 1–800–424–9071, by fax at 202–366–7749, by email at hotline@ oig.dot.gov, online at https:// www.oig.dot.gov/hotline, or by mail at VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC 20590. States, including the provisions of law specified in 5 U.S.C. 2302(d). Retaliation for Engaging in Protected Activity Issued in Washington, DC, on October 26, 2023. Irene Marion, Director, Departmental Office of Civil Rights, U.S. Department of Transportation. A Federal agency cannot retaliate against an employee or applicant because that individual exercises their rights under any of the Federal antidiscrimination or whistleblower protection 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 existing laws, DOT retains the right, where appropriate, to discipline a DOT employee who engages in conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection laws up to and including removal from Federal service. If DOT takes an adverse action under 5 U.S.C. 7512 against an employee for a discriminatory act, it must include a notation of the adverse action and the reason for the action in the employee’s personnel record. If OSC initiates an investigation under 5 U.S.C. 1214, DOT 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 DOT employee, or to violate the procedural rights of a DOT 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 No FEAR 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 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 [FR Doc. 2023–24446 Filed 11–3–23; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics Agency Information Collection: Activity Under OMB Review; Electric Vehicle Inventory and Use Survey (eVIUS) Bureau of Transportation Statistics (BTS), Office of the Assistant Secretary for Research and Technology (OST–R), DOT. ACTION: Notice and Request for Comments. AGENCY: In accordance with the requirements of the Paperwork Reduction Act of 1995, this notice announces the intention of the Bureau of Transportation Statistics (BTS) to request the Office of Management and Budget’s (OMB) approval of a new information collection related to the nation’s battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs)—collectively referred to electric vehicles (EVs). The information collected will be used to produce national statistics on the characteristics and uses of EVs as well as the charging patterns and preferences related to EVs. A summary report of survey findings will also be published by BTS on the BTS web page: www.bts.gov. DATES: Send comments on or before December 6, 2023. FOR FURTHER INFORMATION CONTACT: Jina Mahmoudi, VIUS/eVIUS Program Manager, (800) 853–1351, eVIUS@ dot.gov, BTS, OST–R, Department of Transportation, 1200 New Jersey Ave. SE, Room E34–471, Washington, DC 20590. Office hours are from 8 a.m. to 5:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Electric Vehicle Inventory and Use Survey (eVIUS). Type of Request: Approval for a new information collection. Affected Public: Registered owners of battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs). Background: As the pace of electric vehicles’ adoption and use increases on the nation’s roadways, the U.S. SUMMARY: E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76275-76276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24446]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0161]


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). 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, 
Equity and Access Division (S-32), Departmental Office of Civil Rights, 
Office of the Secretary, 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). The No FEAR Act was 
amended on January 1, 2021, by the ``Elijah E. Cummings Federal 
Employee Antidiscrimination Act of 2020,'' now recognized as the 
Cummings Act. One purpose of the No FEAR Act, which was strengthened by 
the Cummings 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 No FEAR Act also requires 
the Department of Transportation (DOT) to issue this Notice to all DOT 
employees, former DOT employees, and applicants for DOT 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, gender identity, 
sexual orientation, pregnancy, 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, 2000ff, 2000gg.
    If you believe you have experienced unlawful discrimination on the 
bases of race, color, religion, sex, gender identity, sexual 
orientation, pregnancy, national origin, age, retaliation, genetic 
information, and/or disability and wish to pursue a legal remedy, you 
must contact a DOT 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 DOT EEO counselors is available on the DOT 
Departmental Office of Civil Rights website at https://www.transportation.gov/civil-rights; you can also contact the 
Departmental Office of Civil Rights by phone at 202-366-4648 for more 
information. Once you contact the EEO counselor, you will be offered 
the opportunity to resolve the matter through the informal complaint 
process; if you are unable to resolve the matter through the informal 
complaint process, you can file a formal complaint of discrimination 
with DOT (see, e.g., 29 CFR part 1614). Parties who complete the 
informal complaint process are provided with an electronic Individual 
Complaint of Employment Discrimination Form. The form can be submitted 
electronically at https://secure.dot.gov/form/eeoc or by email at 
[email protected]. You may also contact the EEO Complaints and 
Investigations Division, Departmental Office of Civil Rights by phone 
at 202-366-9370 or by email at [email protected] 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 at https://www.eeoc.gov/employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC 
20507, or Fax at 202-663-7022.
    If you are alleging unlawful discrimination based on marital status 
or political affiliation, you may file a written discrimination 
complaint with the U.S. Office of Special Counsel (OSC)

[[Page 76276]]

using Form OSC-14. Form OSC-14 can be submitted electronically at the 
OSC website https://www.osc.gov, under the tab ``File a Complaint.'' You 
also have the option to call the Case Review Division 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 DOT administrative or negotiated grievance 
procedures, if such procedures apply and are available.
    If you are alleging unlawful 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 can 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 DOT 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 DOT 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 using Form 
OSC-14. Form OSC-14 can be filed electronically at https://www.osc.gov. 
You may also contact the DOT Office of Inspector General Hotline by 
phone at 1-800-424-9071, by fax at 202-366-7749, by email at 
[email protected], online at https://www.oig.dot.gov/hotline, or by 
mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC 
20590.

Retaliation for Engaging in Protected Activity

    A Federal agency cannot retaliate against an employee or applicant 
because that individual exercises their rights under any of the Federal 
antidiscrimination or whistleblower protection 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 existing laws, DOT retains the right, where appropriate, to 
discipline a DOT employee who engages in conduct that is inconsistent 
with Federal Antidiscrimination and Whistleblower Protection laws up to 
and including removal from Federal service. If DOT takes an adverse 
action under 5 U.S.C. 7512 against an employee for a discriminatory 
act, it must include a notation of the adverse action and the reason 
for the action in the employee's personnel record. If OSC initiates an 
investigation under 5 U.S.C. 1214, DOT 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 DOT employee, or to violate the 
procedural rights of a DOT 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 No FEAR 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 26, 2023.
Irene Marion,
Director, Departmental Office of Civil Rights, U.S. Department of 
Transportation.
[FR Doc. 2023-24446 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-9X-P

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