Effective Date: June 01, 2012
Expiration Date: June 01, 2017
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Informal Complaints Counseling Rights and Responsibilities Sexual Orientation (SxO) Discrimination Complaints
(NPR 3713.X, Procedures for Discrimination Complaints Based on Sexual Orientation)
NASA Procedural Requirements (NPR) 3713.X covers discrimination based on sexual orientation, or retaliation for engaging in activity pursuant to NPR 3713.X. Discrimination complaints based on Sexual Orientation are hereafter referred to as "SxO complaints (or claims)."
1) If you believe that you have been subjected to prohibited discrimination based on your race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, or retaliation, you have the right to EEO counseling. You shall initiate counseling within 45 days of the date of the alleged discriminatory action or incident.
2) You have the right to anonymity during the informal complaint process.
3) You have the right to representation throughout the complaint process including the counseling stage. The EEO Counselor that is assigned to you is not an advocate for you or for the Agency, but acts strictly as a neutral in the EEO process.
4) You have the right to elect to resolve your claim through the Center's ADR program. The Agency has the obligation to make ADR available at the informal complaint stage. However, the Agency reserves the right to decline ADR if it is deemed inappropriate. The Centers EO Office should provide you with the following information:
a. How the Agency ADR program works at your Center.
b. Whether the Agency agrees to participate in ADR in your case.
c. Information regarding your right to file a formal complaint if ADR is elected does not achieve a resolution.
5) Where ADR is selected, but a resolution is not reached, you have the right to receive Notice of Final Interview and Right to File, which will be issued upon completion of the dispute resolution process.
6) Where counseling is selected and ADR is declined and depending on the basis for the complaint, you have the right to receive the following notices in writing within 30 calendar days of the first counseling contact (unless you agree in writing to an extensions of no more than 60 days):
a. Notice of the right to file a formal individual or class complaint within 15 calendar days of receipt of notice.
b. The appropriate official with whom to file a formal complaint.
c. Notification of your duty to immediately inform the Agency if you retain counsel or a representative.
7) You have a right to be notified that your case may be heard in more than one forum under certain circumstances.
8) You have a right to be advised of the timeframes in the complaints process. In addition the Counselor should advise the aggrieved that when a complaint is amended, the Agency shall complete its investigation within the earlier of 180 days of the filing of the complaint, or 360 days of the initial complaint.
9) You have the right to be advised that the Agency will consolidate two or more complaints pursuant to Federal sector EEO regulations.
1) If you are alleging discrimination based on sexual orientation and also based on a protected EEO basis (i.e., age, race, gender, disability, retaliation, or genetic information), upon receipt of the investigative report you have a right to elect a hearing before an EEOC judge on your protected EEO claims only. You do not have a right to elect a hearing on your sexual orientation claim.
2) Upon receipt of a Final Agency Decision (FAD) on your EEO/SxO claims, you have a right to appeal your EEO claims to the EEOC Office of Federal Operations. You do not have a right to appeal your sexual orientation discrimination claim to the EEOC. You do have a right to request reconsideration of your sexual orientation discrimination claim(s) with the AA, ODEO, within 30 days of the FAD. You do not have a right to have the AA reconsider your EEO protected claims.
3) You may have a right to attorney's fees on the EEO portion of your complaint.
4) You may have the right to compensatory damages on the EEO portion of your complaint.
1) You do not have the right to a hearing before the EEOC.
2) You do not have the right to appeal to the EEOC (however, a request for reconsideration can be made to the AA, ODEO).
3) You do not have the right to file a class complaint.
4) You do not have the right to compensatory damages.
5) You do not have a general right to attorney's fees. You may be awarded reasonable attorney's fees where back pay is at issue. In all other situations, attorney's fees are not authorized (see NPR 3713.X, Section 188.8.131.52.c).
1) You have the duty to keep the Agency informed of your current mailing address.
2) You have the duty to mitigate damages.
3) You have the duty to inform the Agency if you have engaged in other process, e.g., union grievance and MSBP appeals.
4) Only those claims raised at counseling stage, or those claims like and related to those raised at counseling, may be the subject of a formal complaint.
5) You have a duty to cooperatively participate in the process.
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