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.
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