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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices FEAR Act was amended on January 1, 2021, by the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020. One purpose of the No FEAR Act is to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws. Pub. L. 107174, Summary. In support of this purpose, Congress found that agencies cannot be run effectively if those agencies practice or tolerate discrimination. Pub. L.
107174, Title I, General Provisions, section 1011. The No FEAR 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.

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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 including gender identity and sexual orientation, 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.
2302b1, 29 U.S.C. 631, 29 U.S.C.
633a, 29 U.S.C. 206d, 29 U.S.C. 791, 42
U.S.C. 2000e16 and 2000ff.
If you believe you have experienced unlawful discrimination on the bases of race, color, religion, sex including gender identity and sexual orientation, national origin, age, retaliation, genetic information, and/or disability, you must contact a USDOT 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 pursue any legal remedy. A directory of USDOT EEO counselors is available on the Departmental Office of Civil Rights website at http
www.transportation.gov/civil-rights; you can also contact the Departmental Office of Civil Rights by phone at 202366
4648 for more information. Once you contact the EEO counselor, you will be offered the opportunity to resolve the
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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 USDOT 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. While the Federal Government is on maximum telework, the Departmental Office of Civil Rights is accepting the Form only electronically at https secure.dot.gov/
form/eeoc or by email at Patricia.Fields@dot.gov. Once the Federal Government is no longer on maximum telework status, 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, W76401, Washington, DC 20590, or by Fax to 2024932064. You may also contact the EEO Complaints and Investigations Division, Departmental Office of Civil Rights by phone at 202
3669370 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 2026637022.
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 using Form OSC14. Form OSC14 is available online for electronic submission at the OSC website http
www.osc.gov, under the tab File a Complaint. While the Federal
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Government is on maximum telework, OSC is accepting Form OSC14 only electronically. When the Federal Government is no longer on maximum telework, you may choose to submit the form electronically or complete Form OSC14 and mail it to the Complaints Examining Unit, U.S. Office of Special Counsel at 1730 M Street NW, Suite 218, Washington, DC 200364505. You can download Form OSC14 from https osc.gov/Resources/Pages/
Forms.aspx. You also have the option to call the Complaints Examining Unit at 18008729855 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 EEOCs 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 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.

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