The U.S. Department of Transportation (DOT) provides its Annual Report to Congress asrequired by Section 203 of the Notification and Federal Employee Antidiscrimination andRetaliation Act of 2002 (“No FEAR Act”), Public Law 107-174. Also, DOT reports onthe number of cases that were filed in Federal district court which resulted in judgments,awards or compromise settlements, the disposition of those cases, money required to bereimbursed, and the number of employees disciplined for discrimination, retaliation,harassment, or other infractions of a provision of law cited in Section 201(c) of the NoFEAR Act.During fiscal year (FY) 2004, there were a total of 12 Federal district court cases thatresulted in judgments, awards or compromise settlements. Most of the cases were filedunder the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq). It is important to note thatDOT experienced a 47% decline in the number of Federal district court cases thatresulted in judgments, awards and compromise settlements in comparison to the previousfiscal year. Among the district court judgments, awards and compromise settlements,DOT reimbursed all that it owed to the Judgment Fund for FY 2004, amounting to$1,782,277.56 in damages and $300,262.66 in attorneys fees. No DOT employees weredisciplined for discrimination, retaliation, harassment or other infractions of a provisionof law cited in the No FEAR Act stemming from the Federal district court actions.There were 493 administrative complaints filed withthe U.S. Equal EmploymentOpportunity Commission (EEOC) during FY 2004.
Among those 493 complaints, thegreatest number of cases filed was also under the Civil Rights Act of 1964 (42 U.S.C2000e et seq). During FY 2003, there were 361 administrative complaints filed with theEEOC. By comparison, the number of administrative complaints filed during FY 2004increased by 37% from FY 2003. Among those administrative cases filed, there were 8cases which resulted in findings of discrimination – (6 with hearing and 2 withouthearing). The prevailing basis for the discriminatory findings in these 8 cases was sexualharassment.
As a result of EEOC’s findings in one of these administrative cases, oneemployee was disciplined for discrimination, retaliation, harassment or other infractionsof a provision of law cited in Section 201(c) of the No FEAR Act.
We believe there are several reasons for the decrease in the number of Federal districtcourt judgments, awards and compromise settlements during FY 2004 in comparison toprevious FYs, and the reason for the increase in the number of administrative complaintsfiled with the EEOC. First, with respect to the number of district court judgments,awards, etc., DOT made many accomplishments since the enactment of the No FEARAct (See Appendix 1). The accomplishments include briefings for agency managers andemployees on the No FEAR Act, equal employment opportunity (EEO) laws, diversity,Whistleblower Protection Act (WPA), prohibited personnel practices, and alternate
Although there were 493 complaints filed, there were 477 individual filers.
EEOC “462 Reports” for FY 2003 and FY 2004.
Section 201(c) provides the law applicable under the No FEAR Act, e.g., 5 U.S.C. §2302(b)(1),§2302(b)(8), §2302(b)(9) and §2302(d).