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Title VII of the 1964 Civil Rights Act, as amended, (Title VII), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Rehabilitation Act of 1973,
as amended, and Executive Orders 13087, 13152, and 13145. The Department's EEO Policy has included a prohibition against
discrimination based on sexual orientation. However, complaints based on sexual orientation are not covered by the Equal Employment Opportunity Commission regulations that govern the processing of discrimination of Federal Sector discrimination complaints (Title 29 Code of Federal Regulations (CFR), Part 1614.) (Sexual orientation complaints filed against the Department are processed in accordance with the Secretary of Transportation’s Equal Employment Opportunity (EEO) Policy Statement and Executive Order 13087 issued May 28, 1998.)
Executive Orders 13087, 13152 and 13145 further prohibit discrimination on the basis of sexual orientation, parental status and protected genetic information.
DOT also works to ensure that its
funding recipients do not discriminate
against persons who use their services
based on such factors as race, color,
national origin, age, or disability. DOT
recipients include state departments of
transportation, state motor vehicle
administrations, airport operators,
metropolitan planning organizations, and
regional, state, and local transit
operators, among many others. Examples of
nondiscrimination laws and executive
orders enforced by DOT that cover members
of the public include:
- Title VI of the Civil Rights Act of 1964
- Section 504 the Rehabilitation Act of 1973
- Title II of the Americans with
Disabilities Act
-
Age Discrimination Act of 1975
-
Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority
Populations and Low-Income Populations
-
Executive Order 13166, Improving Access to
Services for Persons with Limited English
Proficiency
Some laws apply specifically to DOT’s own
programs (and not its recipients’) and
cover both DOT employees and members of
the public. For example,
Section 508 of the Rehabilitation Act,
as amended, requires that Federal
agencies' electronic and information
technology is accessible to people with
disabilities. Executive Order 13160
prohibits discrimination in federally
conducted education and training programs.
As a
DOT Employee
Aggrieved individuals who believe they have been discriminated against on the basis of their race, color, national origin, sex, religion, age (40 and over), disability, parental status, genetic information, or sexual orientation must first contact an EEO Counselor. The aggrieved individuals who believe they have been discriminated against must contact an EEO Counselor within 45 calendar days of the date the matter alleged to be discriminatory or in the case of a personnel action, within 45 calendar days of the effective date of the action. To file a formal discrimination complaint, the individual must file the complaint within 15 calendar days of receiving a Notice of Right to File a Discrimination Complaint from the EEO Counselor. Individuals should file their complaints with either:
Washington, D.C. 20590
Phone: (202)
366-4648
Fax:
(202) 366-9371
Employees who file complaints of discrimination on the basis of age or equal pay, may bypass the above procedures by going directly into the United States District Court after first giving the agency 30 days notice. DOT is an equal employment opportunity employer.
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As a
Member of the Public
Members
of the public
who believe they
have been
discriminated
against by a DOT
program or a DOT
funding
recipient have
two options.
A person can either contact the Office of Civil Rights with the
DOT Operating
Administration with whom the violation occurred or contact
the
External Civil
Rights Programs Division of the Departmental Office of Civil Rights
(DOCR) to file a complaint or
receive
assistance with any questions or concerns.
Complaints
should be in
writing and
contain the
following
information:
- Sufficient
information to
understand the
facts that led
the
complainant to
believe
discrimination
occurred and
when the
discrimination
took place
- A way to
contact the
complainant (a
mailing
address, and
if applicable,
a telephone
number and
e-mail
address)
-
Identification
of the person
or group
injured by the
alleged
discrimination
-
Identification
of the person
or
organization
alleged to
have
discriminated
- The basis
for the
alleged
discrimination,
e.g., race,
national
origin, or
disability
The complaint
typically must
be filed within
180 days of the
alleged
discriminatory
act in order for
DOT to take
action.
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As a Business
Business owners or employees that believe
the award or administration of DOT-assisted
contracts was conducted unfairly or in a
discriminatory manner may file a complaint
with DOCR’s
External
Civil Rights Programs Division. Most often, the
Division will refer employment-related
claims to the EEOC, and allegations of
other types of discrimination to one of the
Department’s Operating Administrations or
the Office of Small and Disadvantaged
Business Utilization.
Firms that
believe they
have been
wrongly denied
certification as
a disadvantaged
business
enterprise (DBE)
or have had
their
certification
removed by a DOT
funding
recipient may
file an appeal
with the
Division within
90 days from the
date of the
denial. For more
information on
appeal
procedures, see DOCR’s
DBE web page.
If you believe a
currently
certified firm
is ineligible,
you may file a
written
complaint with
the recipient
specifying the
alleged reasons
why the firm
should not
continue to be
certified.
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Forms
Forms regarding employee mediation
and intern programs
are available through the Departmental Office of Civil Rights.
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