CIVIL RIGHTS/EEO
Welcome to the U.S. Department of Transportation (DOT). DOT’s vital mission in ensuring that the
nation’s transportation systems are safe and accessible cannot be accomplished
without a talented, dedicated and skilled workforce. DOT is challenged with, and committed to,
attracting, increasing, retaining, and developing a diverse workforce with the
leadership skills, qualities, competencies, and commitment necessary to meet
the global demands of the future.
Management of human capital is strategic, disciplined and
measurable. DOT’s human capital vision
is “To strategically utilize human capital in full support of our goals and
mission, while empowering individual workers to realize their full potential.” We at DOT take great pride in making DOT an
employer of choice and the internationally recognized focal point for
transportation matters, as well as in developing and maintaining a fair and
equitable workplace wherein each employee is provided equal opportunity to
pursue his or her career aspirations.
Each of us who works at DOT bears two fundamental
obligations: first, to do our job to the
best of our ability; second, and equally important, to ensure that all
employees are given the respectful, supportive environment that allows them to
perform to the best of their ability.
Our commitment to equal opportunity is the cornerstone of that
effort. All barriers to equal
opportunity, for employees, applicants, and beneficiaries of DOT’s programs, services,
and activities, must be identified, addressed, and eliminated.
DOT’s civil rights
mission and responsibilities.
Mission
- DOT’s civil rights mission is to eliminate
unlawful discrimination in Federal employment on the bases of race, color,
national origin, sex, age, religion, sexual orientation, and
disability. Civil rights laws also
protect individuals from reprisal/retaliation for raising discriminatory
conduct, participating in an investigation, or opposing discriminatory
practices.
·
Federal law also prohibits discrimination on the
bases of race, color, sex, age, disability and national origin in any programs
or activities receiving Federal financial assistance.
Responsibilities
- In brief, DOT’s core civil rights
responsibilities are to:
(1) Ensure Equal Employment
Opportunity (EEO) for DOT employees and applicants for employment;
(2) Ensure that all citizens
have an equal opportunity to participate in DOT or DOT-assisted transportation
programs by developing policy and implementing and reviewing external civil
rights regulations;
(3) Promptly and thoroughly
investigate allegations of discrimination; and
(4) Provide a means of
redress for DOT employees, former employees and applicants who are the victims
of discrimination, through EEO counseling, Alternative Dispute Resolution
(ADR), and the EEO complaints process.
How is DOT organized to
perform its civil rights mission and responsibilities?
- DOT is comprised of the Office of the
Secretary and several transportation components which are commonly
referred to as Operating Administrations.
The Office of the Secretary is responsible for policy and oversight
of all Federal transportation programs, while the Operating
Administrations actually administer the various programs to ensure the
safety, mobility, economic growth, and security of our nation’s
transportation system. For example,
Federal Highway, Federal Transit,
Federal Railroad, and Federal Motor Carrier Safety Administrations oversee
the surface, or land, mode of transportation, Maritime Administration and
Saint Lawrence Seaway Development Corporation oversee water
transportation, and Federal Aviation Administration (FAA) oversees air
travel.
- Within the Office of the Secretary, the
Secretary has designated the Director of the Departmental Office of Civil
Rights (DOCR) to serve as the principal Advisor to the Secretary on civil
rights matters and to monitor and provide oversight, policy, guidance, and
technical assistance to Operating Administrations in fulfilling and
complying with DOT’s EEO and civil rights responsibilities.
- Each Operating Administration and the
Office of the Secretary has an Office of Civil Rights to ensure civil
rights compliance for their respective organization and programs.
·
Civil rights activities fall into two broad
categories: 1) internal civil rights
programs affecting DOT employees and applicants for employment; and 2) external
civil rights programs relating to the beneficiaries and potential beneficiaries
of the various transportation programs receiving Federal financial assistance through
DOT, or administered by DOT.
What are DOT’s Internal
Civil Rights programs?
Departmental internal
programs that apply to DOT employees and applicants include:
- Implementing equal opportunity laws and policies
to prevent discrimination based on race, color, national origin, religion,
sex, disability, age, sexual orientation, as well as protecting
individuals against reprisal/retaliation for filing a charge of discrimination, providing testimony in an EEO matter,
or opposing discriminatory practices.
- Implementing affirmative employment
programs to address underrepresentation of minorities, women and persons
with disabilities in the workforce.
These include affirmative employment programs for groups that have
been, and continue to be, underrepresented. These include the Hispanic Employment
Program, Federal Women’s Program, and People with Disabilities Program.
- Administering informal and formal programs
to resolve EEO complaints filed by DOT employees, former employees, and
applicants for employment, including making available and encouraging the
use of ADR methods, such as mediation, to assist in the fair and early
resolution of EEO complaints. To
support these programs, DOT maintains a roster of trained EEO counselors
and mediators.
- Administering White House Initiative
programs implementing presidential executive orders pertaining to
Historically Black Colleges and Universities; Educational Excellence for
Hispanic Americans; Tribal Colleges and Universities;
Increasing Opportunity and Improving Quality of Life of Asian American and
Pacific Islanders; and, Increasing the Employment of Adults with
Disabilities.
- Monitoring and reporting on DOT’s
compliance and implementation of equal opportunity laws, regulations,
executive orders, programs, and policies to the President, Congress, U.S. Office of
Personnel Management, U.S. Equal Employment Opportunity Commission (EEOC),
and other government entities.
What
are DOT’s External
Civil Rights programs?
DOT
has developed policies and programs to eliminate, prevent, reduce, and remedy
discrimination on the basis of race, color, sex, age,
disability and national origin by recipients of Federal
financial assistance from DOT. DOT’s
recipients include state Departments of Transportation, motor vehicle
administrations, commuter railroads, and airport and public transit
authorities, among others. Almost all
transportation infrastructure and service entities that receive Federal funds
must ensure that beneficiaries and potential beneficiaries of their programs are
offered and afforded equal and equitable opportunities to participate in and
benefit from the projects. External
programs are only briefly discussed in this document to give you a perspective
as to the type of work administered by your civil rights offices, as they do
not directly affect you or your rights as a DOT employee.
Following
are the major responsibilities and activities of DOT’s
External Civil Rights Programs:
·
Ensuring
that DOT recipients do not discriminate on the basis of race, color, or
national origin, as required by Title VI of the Civil Rights Act of 1964.
·
Making
sure that people with limited English proficiency (LEP) can have meaningful
access to transportation programs offered by DOT and its recipients, as
required by Title VI and outlined in Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency” and DOT’s LEP
Guidance.
·
Promoting
environmental justice principles and ensuring that minority and low-income
communities are not disproportionately adversely affected by transportation
policies, programs, and activities, as directed by Executive Order 12898, “Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations.”
·
Ensuring
that accessible transportation exists for people with disabilities and that
recipients provide curb ramps and other modifications and services to fulfill
the requirements of the Americans with Disabilities Act and Sections 504 and
508 of the Rehabilitation Act of 1973, as amended.
·
Implementing
DOT’s Disadvantaged Business Enterprise (DBE) program.
·
Providing
education and outreach to recipients of DOT financial assistance and the
general public on their rights and responsibilities under civil rights laws and
executive orders.
·
Developing
policies and guidelines to implement DOT’s civil rights laws.
·
Investigating
complaints of discrimination alleging a violation of civil rights laws and
executive orders; and conducting compliance reviews to ensure that recipients
are complying with all nondiscrimination requirements.
How does DOT enforce
anti-discrimination laws pertaining to employees and applicants for employment? In order to better understand DOT’s EEO
process and programs that apply to you as an employee, some general information
of a background nature follows.
What is unlawful
discrimination?
- Generally, discrimination results when an
individual has been subjected to different treatment because of his or her
race, color, religion, sex, national origin, age, disability, sexual
orientation, or in reprisal or retaliation for having raised a claim of
discrimination, participated in an investigation into a claim, or
otherwise opposed discriminatory practices.
How is race, color,
religion, sex, national origin, age, disability, sexual orientation or
reprisal/retaliation, defined?
- Race/ethnic designations, under
guidelines established by the EEOC, designated by Congress and the President
as the lead agency regarding employment discrimination matters in the
Federal Government, are defined as:
Any of the different varieties or populations of human beings
distinguished by physical traits, such as hair, eyes, skin color, body
shape, etc., and includes the following:
· Asian – a
person having origins in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam.
· Native Hawaiian or Other
Pacific Islander - A
person having origins in any of the original peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
· American Indian or
Alaskan Native - All persons having origins in any of
the original peoples of North or South America (including Central America), and
who maintains cultural identification through tribal affiliation or community
recognition.
· Black or African-American (Not of Hispanic origin) - All persons having origins in any of the Black
racial groups of Africa.
· Hispanic or Latino - All persons of Mexican, Puerto Rican, Cuban, Central or South American,
or other Spanish culture or origin, regardless of race.
· White (Not of Hispanic origin) - All persons having origins in any of the original
peoples of Europe, North Africa, or the Middle East.
- Color - Skin
pigmentation.
- Religion - Traditional or
non-traditional beliefs or practices, or a lack thereof (e.g., Jewish,
Christian, Moslem, Hindu, Buddhist, Pagan, Atheist, etc.). In addition to prohibiting
different treatment of an individual because of his or her religion, DOT
is required to reasonably accommodate the religious beliefs of an
employee, unless doing so would impose an undue hardship.
·
Sex - Male or Female. The
term “sex” is used in the laws; however, the term “gender” is becoming more
commonly used when referring to sex discrimination. Note:
Sexual harassment is a type of sex discrimination.
- National
origin
- Individual or ancestral place of origin, which may be identified by birthplace, ancestry, culture, or linguistic characteristics common to
a specific ethnic group (e.g., Palestinian, Vietnamese, Ethiopian, Salvadoran,
Turkish, German, etc.). (Note: a rule requiring that employees and applicants speak only English may also
violate Title
VII of the Civil Rights Act of 1964 unless an employer shows
that the requirement is necessary for conducting business.)
- Age – The protected age category for purposes of equal opportunity
laws is age 40 and older.
- Disability – A physical or
mental impairment that substantially limits one or more major life
activities. The law also protects
individuals who have a record of such an impairment, or are regarded as
having such an impairment. In addition to prohibiting different treatment of an individual
because of his or her disability or perceived disability, DOT is required
to provide reasonable accommodation to employees and applicants with a
disability, unless doing so would impose an undue hardship.
- Sexual
Orientation
- Heterosexuality, homosexuality, or bisexuality, whether the orientation
is real or perceived.
- Reprisal/retaliation - Generally,
unfavorable or unfair treatment by management related to the initiation or
filing of an EEO complaint, participating in the EEO process, or opposing
discriminatory practices.
What are the laws and authorities that apply to EEO in
the Federal Government?
The following highlights
the basic laws and authorities that apply to Federal sector employment:
- Title
VII of the Civil Rights Act of 1964 –
Prohibits discrimination in employment based on race, color, religion,
sex, national origin, and reprisal/retaliation. Harassment involving conduct of a sexual
nature (sexual harassment), as well as harassment based on race, color,
religion, sex, national origin, and/or reprisal/retaliation, is also
prohibited based on the provisions of this law. (Harassment is defined further,
below.)
·
The
Pregnancy Discrimination Act - Amended
Title VII of the Civil Rights Act of 1964, and makes it unlawful to
discriminate against an employee on the basis of pregnancy, childbirth, or
related medical conditions. The Act
requires that an employer treat pregnancy the same as any other short-term
disability.
·
Equal Pay Act of 1963 - Prohibits discrimination on the basis of sex in the payment of wages or
benefits, where men and women perform work of similar skill, effort, and
responsibility for the same employer under similar working conditions.
- Age
Discrimination in Employment Act of 1967 - Prohibits
discrimination in employment with regard to individuals who are 40 years
of age or older.
- Section
501 of the Rehabilitation Act of 1973 - Prohibits
discrimination against qualified individuals with a disability who work in
the Federal Government or apply for employment with the Federal
Government. In addition to
prohibiting the different treatment of individuals on the basis of a
disability, the law also provides that reasonable accommodation must be
provided to employees and applicants.
- The
Civil Rights Act of 1991 - Provides for the recovery of compensatory damages by Federal sector
employees and applicants for Federal employment who successfully prove
discrimination, and provides for obtaining attorneys’ fees and the
possibility of jury trials. Prior
to 1991, the recovery of damages by Federal employees and applicants was
much more limited.
- Executive
Order 13087, Equal Opportunity in the Federal Government. –Prohibits, by policy, employment discrimination on the basis of
sexual orientation in the Federal Government. However, the rights and remedies
available to individuals alleging or proving discrimination on this basis
are more limited than the civil rights statutes discussed above. For example, because this protection was
established by executive order, and not by Congress, there is no right to
a hearing or appeal to the EEOC, or to file a civil action in a U.S.
District Court.
- Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (NoFEAR) - Generally, the law requires that
Federal agencies that lose or settle discrimination and whistleblower
cases be held fiscally accountable, and report and post general
information relating to such cases on their websites.
- EEOC Regulations and
Management
Directives. –
The EEOC is responsible for the administration and enforcement of equal
opportunity laws in Federal employment, and is authorized to issue related
rules, regulations, orders and instructions. EEOC regulations are
included in Title 29 of the Code of Federal Regulations, Part 1614. Management Directives may be found at
EEOC’s website, www.eeoc.gov.
What does the term reasonable accommodation mean?
An individual who has a
physical or mental impairment that substantially limits one or more major life
activities must be provided reasonable accommodation, if such is required to
perform the functions of the position or to take advantage of employment
opportunities and benefits that are available to all employees and
applicants. Major life activities are
such functions as caring for self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
The concept of
reasonable accommodation applies to all aspects of employment, including
interviewing, hiring, training, promotion, assignments, and all other benefits
and privileges of employment.
Reasonable accommodation
for a known disability or disabilities of an employee would include any change
in the work environment or in the way things are usually done that might be an
impediment to equal opportunity. Some
examples of reasonable accommodation include:
·
making existing facilities readily accessible
to, and usable by, employees and applicants with a disability;
·
job
restructuring;
·
modifying work schedules;
·
reassignment to a vacant position;
·
acquiring
or modifying equipment or devices;
·
adjusting
or modifying examinations, training materials, or policies; and,
·
providing qualified readers or interpreters.
DOT has established procedures for
processing requests for reasonable accommodation in DOT Order 1011.1, “Procedures
for Processing Reasonable Accommodation Requests by Employers and Applicants
with Disabilities.” Managers, applicants
and employees alike can utilize DOT’s Disability
Resource Center (DRC) for
assistance with addressing reasonable accommodation requests and concerns. The DRC provides comprehensive disability
accommodation services for DOT employees, supervisors, and job applicants to
ensure that employees and applicants with disabilities have an equal
opportunity to participate fully in all aspects of DOT’s work, programs, and
services.
What is Harassment?
Harassment on the basis of race,
color, religion, sex, national origin, disability, age, sexual orientation, or
reprisal/retaliation is also prohibited.
It is the policy of DOT that no employee shall be subjected to
harassment based on any of these factors.
Harassment may take the form of verbal remarks, physical conduct,
displays of offensive material, or the denial of an employment benefit. Sexual harassment is harassment that is based
on conduct of a sexual nature, and is prohibited as a form of sex
discrimination. Any employee who
believes he or she has been the victim of such conduct may raise a claim.
If
an employee believes that he or she has been discriminated against, what should
that individual do?
- The first step in
the EEO process is to contact an EEO Counselor. An EEO Counselor may be contacted within
45 calendar days of the date of the incident that is believed to be
discriminatory. EEO Counselors are
available in the Office of the Secretary and in the Operating
Administrations. They are trained
to handle EEO claims, and will inform individuals of the proper procedures
to follow. Generally, bulletin
boards in prominent locations around DOT worksites contain a list of
current EEO Counselors and contact information. Operating Administrations may also have
the information posted on their website(s). In addition, DOCR and Operating Administrations’
Civil Rights Offices may be contacted for EEO Counselor information. A list of contacts and telephone numbers
are provided at the end of this document.
DOT strongly encourages
informal resolution of EEO complaints at the earliest possible opportunity,
through the EEO counseling stage or through the use of ADR. At the EEO counseling stage, as many details
about the alleged discriminatory act as possible are gathered. The EEO Counselor will work towards
resolution of the issues. One option the
counselor will offer is the use of ADR, or mediation, which is more cost-effective
and much less time consuming than the traditional EEO process. A trained neutral/mediator meets with the
parties to address the dispute and discuss possible resolution. Agreements reached through mediation are
binding on both parties.
At DOT, the
ADR/mediation process for EEO complaints is administered through the ONEDOT Sharing Neutrals Program
for Departmental Offices and Operating Administrations. Additional information
can be reached electronically at http://www.dotcr.dot.gov/asp/adr.asp. Employees and applicants have the option of
using either the ONEDOT Sharing Neutrals ADR Program or an Operating Administration’s
ADR program, should one be established.
For example, FAA administers an ADR program through the FAA Civil Rights
Office. Thus, employees or applicants
alleging discrimination and opting for mediation may choose either the FAA
program or the ONEDOT Sharing Neutrals.
More information may be obtained by visiting: http://www.faa.gov/acr.
NOTE: Some Federal employees are covered under
collective bargaining agreements through labor unions. If a collective bargaining agreement allows
for grievances alleging discrimination to be filed, an employee may elect to
use the negotiated grievance or the EEO formal process, but not both. The complainant must select one process or
the other. If there are any questions
regarding this option, union representatives may be contacted for additional information.
- Formal EEO
Complaints. If the matter raised with an EEO
Counselor is not resolved, whether through the ADR process or traditional
counseling, the employee will receive what is called a Notice of Right to
File a Formal Complaint or Notice of Final Interview. The notice specifies that a complaint
must be filed within 15 calendar days after receipt of the notice. The notice will advise the individual of
the appropriate office with which to file a formal complaint, and of the
information that will be required.
Depending on the
location, the formal complaint will be filed with one of six DOCR Regional
Offices across the country. Regional
offices are identified on the DOCR website at http://www.dotcr.dot.gov. The DOCR Regional
Office will then advise the individual as to whether the complaint has been
accepted for investigation, and of the process following that decision. An employee or management may also request
mediation, described above, after a formal complaint is filed. Mediation is available at any stage of the
EEO process.
If
accepted for investigation, the investigative stage may take up to 180 days. Once
the investigation is completed, a report of the investigation is provided to
the complainant, along with notification of the right to request a hearing
before an administrative judge appointed by EEOC, or an immediate final
decision from DOT.
In cases where an EEOC
hearing is requested, the EEOC administrative judge issues a decision within
180 calendar days, and sends a copy of the decision to DOT and the complainant. Where discrimination is found, an Order is
issued for appropriate relief. DOT has
40 calendar days to implement or not implement the EEOC administrative judge’s
decision after notification. When an
administrative judge’s decision is not implemented, DOT must file a notice of
appeal with EEOC within 10 calendar days.
In such cases, the complainant may also file a notice of appeal to EEOC
within 10 calendar days.
For those final
decisions made by DOT, the complainant also has the option of appealing the
decision to EEOC within 30 calendar days after receipt of the decision. If the complainant is still dissatisfied
after receiving the appellate decision from EEOC, the final step is to file a
civil action with the U.S. District Court within 90 calendar days. You may also wish to visit DOCR’s website at http://www.dotcr.dot.gov/asp/Complaint.asp
for more information.
Use of ADR
to Resolve Discrimination Complaints. As
noted above, DOT is committed to using ADR to resolve EEO complaints at all
stages of the complaint process.
Mediation was chosen as the ADR method for use in EEO cases as it has
proven to be effective, expeditious, and cost effective. Even if a resolution is not reached, the
parties often come away with a better understanding of the other’s position and
an improved working relationship. A vast
majority of individuals who participate in this process indicate they would use
the process again. For more information
pertaining to the mediation process, please view the video provided at http://www.dotcr.dot.gov/video/index.html.
What Remedies Are Available When Discrimination Is Found?
Depending on the circumstances of each case, the “relief” or remedies
available for proven employment discrimination may include:
- back pay
- hiring
- promotion
- reinstatement
- front pay
- reasonable accommodation
- or other actions that will make an individual “whole;” i.e., in the
condition she/he would have been if the discrimination had not occurred.
Remedies also may include payment of:
- attorneys’ fees
- expert witness fees
- court costs
Under most laws enforced by EEOC, damages may also be available to
compensate for actual monetary losses, for future monetary losses, and for
mental anguish and inconvenience.
An employer may also be required to post notices at the work site
addressing the discrimination charge and advising them of their rights under
the laws and their right to be free from reprisal/retaliation.
How do I contact the Civil
Rights Office or a Civil Rights official?
You may use the
following information to obtain further guidance.
Office of the Secretary:
Departmental Office of
Civil Rights - (202) 366-4648
OAs’ Civil Rights
Offices and *contacts:
· Federal Aviation Administration (FAA) - (202) 267-3254
· Federal Highway Administration (FHWA) -
(202) 366-0693
· Federal Motor Carrier
Safety Administration (FMCSA) - (202) 366-8810
· Federal Railroad
Administration (FRA) - (202) 493-6010
· Federal Transit
Administration (FTA) - (202) 366-4018
· Maritime Administration
(MARAD) - (202) 366-3449
· National Highway Traffic
Safety Administration (NHTSA) - (202) 366-0972
· Pipeline and Hazardous Materials
Safety Administration (PHMSA) - (202) 366-9638
· Research and Innovative Technology
Administration (RITA) - (202) 366-4180
· St. Lawrence Seaway Development
Corporation (SLSDC) - (315) 764-3208
*Office of the Inspector
General (OIG) - (202) 366-1444
*Surface Transportation Board
(STB) - (202) 565-1500
Useful websites:
