EO Compliance, Complaints Resolution and Alternative Dispute Resolution (ADR) Division

This Division manages the investigation and adjudication of formal complaints and the implementation of the Agency ADR program for equal employment opportunity (EEO). This also includes oversight of the informal complaints process conducted at the NASA Centers. This division provides policy guidance to the NASA Centers on matters pertaining to the EEO administrative complaints process.

INFORMAL COMPLAINTS/PRE-COMPLAINT COUNSELING

EEO Officers at each of the NASA Centers have responsibility for administering the pre-complaint counseling stage of the discrimination complaints process. The first step for an employee or applicant who feels he or she has been discriminated against by NASA is to contact an EEO counselor at the Center where the alleged discrimination took place within 45 calendar days of the alleged discriminatory action. Generally, EEO counseling must be completed within 30 days. The aggrieved individual may then file a formal discrimination complaint against the Agency with this Division. Individuals who believe they have been discriminated against by NASA must seek counseling before filing a complaint of discrimination.

FORMAL COMPLAINTS

All formal complaints must be filed with the Director, EO Compliance, Complaints Resolution and ADR Division within 15 calendar days from the receipt of the Notice of Rights and Responsibilities from the EEO Counselor. Once a formal complaint is filed, this office has the responsibility to acknowledge the receipt of the formal complaint, and determine whether it meets the requirements for acceptance under the Equal Employment Opportunity Commission (EEOC) regulations at 29 C.F.R. Part 1614, delineate the allegations in an Acceptance/Dismissal letter (ARL), and notify the Responsible Officials (RO's) of their rights in the process.

INVESTIGATION OF COMPLAINTS

If a complaint is accepted for investigation, the EO Compliance, Complaints Resolution and ADR Division has the responsibility to arrange for the investigation of the complaint, and will monitor the case throughout this process. The Agency shall complete its investigation within 180 calendar days of the date of the filing of an individual complaint or within the time period contained in an order from the EEOC. Once the investigation is completed, this division shall provide the complainant with a copy of the investigative file, and depending on the issues in the complaint, shall notify the complainant that he or she has the right to request a hearing and decision from an EEOC administrative judge (AJ) or may request an immediate final Agency decision (FAD) without a hearing from the Assistant Administrator for the Office of Diversity and Equal Opportunity within 30 calendar days of receipt of the investigative file.

HEARING STAGE

If an EEOC hearing is requested, it is the responsibility of the EO Compliance, Complaints Resolution and ADR Division to request an EEOC administrative judge, and arrange for a court reporter to transcribe testimony taken at the hearing. The Center EO Offices make the logistical arrangements for the hearing. The Agency is represented at the hearing by an attorney in the General Counsel's Office, if it involves a Headquarters complaint, or by an attorney in the Chief Counsel's Office, if the complaint arose at a Center.

FINAL AGENCY DECISIONS

The EO Compliance, Complaints Resolution and ADR Division is responsible for preparing final Agency decisions on all formal complaints of discrimination, and for notifying responsible officials when a final agency decision has been rendered.

If a finding of discrimination is made in a final agency decision, this office must maintain oversight of the corrective action, and make determinations regarding attorney’s fees and costs, and compensatory damages.

APPEALS

The EO Compliance, Complaints Resolution and ADR Division has the responsibility to prepare Agency oppositions to all appeals, requests for reconsideration, and oppositions to requests for reconsideration filed with the EEOC. A complainant may appeal an Agency’s final decision or dismissal of a complaint to the EEOC within 30 calendar days of receipt of the dismissal, final action, or decision.

If the complaint is on a matter that is appealable to the Merit Systems Protection Board (e.g., a mixed case such as a termination of a career employee), the complainant may appeal the final Agency decision to the MSPB within 20 calendar days of receipt or go to the appropriate United States District Court within 30 calendar days. The complainant may petition the EEOC for review of the MSPB decision concerning the claim of discrimination.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

At all stages in the EEO process, Alternative Dispute Resolution (ADR) is encouraged. The purposes of ADR include obtaining resolutions, reducing processing time, reducing dollar costs, reducing formal complaints, and restoring harmony in the workplace. The EO Compliance, Complaints Resolution and ADR Division provide Agency policy, training, and technical guidance for ADR programs.

Each NASA Center has the responsibility to set up its own ADR program. ADR models currently in place at Headquarters and at the NASA Centers include the fact-finding mediation conference, the complaints manager/mediator, the EO counselor/mediator, the contract mediator, and the ADR management team.

SETTLEMENT AGREEMENTS

If a settlement agreement is reached between the parties in a dispute, the Center EO Offices have the responsibility to monitor the terms of the agreement. If a complainant believes that an agreement has been breached, he or she must bring that matter to the attention of the Assistant Administrator for Diversity and Equal Opportunity within 30 calendar days of learning of the alleged violation. A complainant may request that a complaint be reinstated or that a settlement agreement be enforced. The EO Compliance, Complaints Resolution and ADR Division has the responsibility to investigate allegations of breaches of settlement agreements, and to make determinations as to whether or not agreements have been violated. If you have any questions about the discrimination complaints process at NASA, you may contact the EO Compliance, Complaints Resolution and ADR Division, or the EO Office at any of the NASA Centers.