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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,
Title II of the
Genetic Information
Nondiscrimination Act of 2008 (effective
November 21, 2009). The Department's
Equal Employment Opportunity (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.)
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.
Section 504 of the Rehabilitation Act
and amendments prohibit discrimination
against persons with disabilities by
Federal agencies and their funding
recipients in any program or activity.
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:
Departmental Office of Civil Rights
U.S. Department of Transportation
1200 New Jersey
Avenue, S.E.
Washington, D.C. 20590
Phone: (202)
366-9370
Fax:
(202) 366-9371
TTY: (202)
366-8538
Individuals, 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.
Employees who believe that the
Department's facilities are inaccessible
to persons with disabilities may file a
complaint following Section 504
procedures. Complaints alleging
that the Department's electronic and
information technology does not conform
to Section 508 standards also should be
filed following these procedures.
DOT employees wishing to file a 504 or
508 complaint should submit a written
statement within 180 days of the alleged
act of discrimination to the
External Civil Rights Programs Division
of the Departmental Office of Civil
Rights (DOCR) at the above-referenced
address.
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.
Section
504 ComplaintsThe Department
is committed to ensuring the
accessibility of its programs,
activities, and facilities for
employees, applicants, or members of the
public with disabilities. DOT
shares the same responsibility for
prohibiting discrimination against
individuals with disabilities as
recipients of Federal funds.
Section 504 of the Rehabilitation Act of
1973 (codified in
29 U.S.C. 794) and the
Department's regulation (49 CFR Part 28)
apply to complaints of discrimination by
persons with disabilities. The
Rehabilitation Act of 1973 and
amendments affect Federal agencies and
entities receiving Federal funding,
while the ADA applies to state and local
governments, public accommodations,
commercial facilities, transportation,
telecommunications, and the U.S.
Congress.
Under 49 CFR 28, the Department's
implementing regulation for Section 504,
complainants may allege that the
Department or its recipients failed to
ensure accessibility of their
"facilities", which by definition
includes all or any portion of
buildings, structures, equipment, roads,
walks, parking lots, and other forms or
property. Members of the public or
DOT employees wishing to file a 504
complaint should submit a written
statement to the
External Civil Rights
Programs Division of the DOCR. The
complaint must contain sufficient detail
for the office to understand the nature
and date of the alleged 504 violation.
It must be in writing, signed by the
complainant or representative, and filed
within 180 days of the alleged
violation. Complaints will be
investigated in accordance with Title VI
of the Civil Rights Act of 1964 (see
U.S.C. 794a).
After its investigation, DOCR will
inform the complainant of its findings
of fact and conclusions of law and
describe the remedy for each violation
found. Appeals may be filed with
the Assistant Secretary for
Transportation within 90 days of
receiving DOCR's decision. The
filing deadlines for complaints and
appeals may be extended for good cause.
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.
Forms
Forms regarding employee mediation
and intern programs
are available through the Departmental Office of Civil Rights.
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