Responsible Office: YA

Subject: Federal EEO Programs of NASA

1. POLICY

  

 a. It is NASA's policy to provide equal employment opportunity (EEO) for 
all employees and applicants for employment regardless of race, color, 
national origin, sex (including pregnancy, sexual harassment, sex 
stereotyping, sexual orientation, gender identity, and caregiving 
responsibilities), religion, age, disability, genetic information 
(including family medical history), or status as a parent. Pursuant to 
this policy, NASA prohibits discrimination on these bases in the 
workplace and the Agency's employment practices. NASA strives to provide 
and maintain a work environment that is free of all forms of 
discrimination, including discriminatory harassment, as well as reprisal 
or retaliation for engaging in protected EEO activity. NASA also seeks to 
address harassing conduct at the earliest possible stage, before it can 
become severe or pervasive.

b. It is also NASA's policy to promote the full realization of EEO 
through a continuing effort to establish and maintain a "Model EEO 
Agency," as required under the U.S. Equal Employment Opportunity 
Commission's (EEOC) Management Directive (MD) 715 and MD 110. MD 715 
provides policy guidance and standards for establishing and maintaining 
effective affirmative programs of EEO under Title VII of the Civil Rights 
Act of 1964 and related antidiscrimination laws. MD 110 provides Federal 
agencies with EEOC policies, procedures, and guidance relating to the 
processing of employment discrimination complaints, the effectiveness and 
efficiency of which are considered a key part of a Model EEO Agency. NASA 
is fully committed to implementing all Federal laws, regulations, and 
EEOC guidance relative to the development of Model EEO Agency plans and 
annual reporting of accomplishments against those plans.

c. Pursuant to MD 715, NASA's efforts to be a model Agency for EEO 
include identification of and strategies to address challenges to EEO in 
any aspect of Agency policies, programs, or practices including, but not 
limited to, outreach and recruiting, hiring, promoting, training, 
awareness, and facilities and program accessibility for employees of 
NASA. Model EEO Agency efforts also include monitoring of strategies and 
employment practices in the areas of hiring, transfers, reassignments, 
promotions, awards, benefits, and separations. These efforts serve to 
help gain and maintain a talented NASA workforce that is reflective of 
the Nation's demographic diversity.

d. Consistent with MD 715, NASA vigorously takes a proactive approach to 
preventing discrimination. NASA’s proactive programs provide the 
workforce with both additional avenues of redress for addressing 
workplace conflict, as well as education and awareness opportunities 
regarding EO and diversity. 

e. Special Emphasis Programs (SEPs) are a vital component of a Model EEO 
Agency program. SEPs are required pursuant to Federal regulations and 
Executive Orders and are intended to assist in efforts to advance 
opportunities and engage all members of the workforce, including those 
from historically underserved and underrepresented groups in American 
society. NASA remains committed to robust SEPs as a means of attracting 
and advancing a more demographically diverse workforce. Roles and 
responsibilities of SEPs include, but are not limited to, advice and 
education, workforce interface and integration, monitoring and workforce 
analysis, community outreach and recruitment, and measuring Agency EO 
Performance. 

  

2. APPLICABILITY

 a. This directive is applicable to NASA Headquarters and NASA Centers, 
including Component Facilities and Technical and Service Support Centers. 
This directive applies to the Jet Propulsion Laboratory (JPL) (a 
Federally Funded Research and Development Center (FFRDC)) and other 
contractors only to the extent specified or referenced in applicable 
contracts.
b. In this directive, all mandatory actions (i.e., requirements) are 
denoted by statements containing the term “shall.”  The terms:  “may” 
or “can” denote discretionary privilege or permission, “should” denotes a 
good practice and is recommended, but not required, “will” denotes 
expected outcome, and “are/is” denotes descriptive material.
c. In this directive, “NASA directives” refers to both Agency-level and 
Center-level directives. 
d. In this directive, all document citations are assumed to be the latest 
version unless otherwise noted. 
e. This directive is applicable to NASA directives developed or revised 
after the effective date of this NASA Policy Directive (NPD).

  

3. AUTHORITY

 

a. Notification and Federal Employee Antidiscrimination and Retaliation 
Act (NO Fear Act) of 2002, 5 U.S.C. § 2301 note.

b. Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d).

c. Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.
§ 621 et seq.

d. Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.

e. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
§ 2000e-16 et seq.

f. Civil Rights Act of 1991, 42 U.S.C. § 1981a.

g. Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff 
et seq.

h. Exec. Order No. 11,478, as amended, 3 C.F.R. 803 (1966-1970).

i. Exec. Order No. 12,106, as amended, 3 C.F.R. 263 (1978-1979).

j. Exec. Order No. 13,087, 3 C.F.R. 191 (1998).

k. Exec. Order No. 13,152, 3 C.F.R. 264 (2001).

l. NPD 1000.3D, The NASA Organization.

  

4. REFERENCES

 

a. NPD 3713.6, Delegation of Authority to Act in Matters Pertaining to 
Discrimination Complaints under 29 C.F.R. Part 1614.

b. NPD 3713.8, Reasonable Accommodations Policy.

c. NPR 3713.1, Reasonable Accommodations Procedures.

d. NPR 3713.2, Alternative Dispute Resolution in Matters Pertaining to
Discrimination Complaints under 29 C.F.R. Part 1614.

e. NPR 3713.3, Anti-Harassment Procedures.

f. Equal Employment Opportunity Commission Management Directive 715.

g. Equal Employment Opportunity Commission Management Directive 110.

  

5. RESPONSIBILITY

 a. Senior Agency leadership, including the Administrator, Deputy 
Administrator, Associate Administrator, and other Officials-in-Charge of 
Headquarters Offices and Center Directors shall:

(1) Exercise personal leadership in establishing, maintaining, and 
implementing a continuing EEO program to promote EEO in every aspect of 
Agency human capital policy and practice in the employment, development, 
advancement, and treatment of employees.

(2) Be held accountable for maintaining an environment in which equality 
of opportunity can flourish within their programs, missions, or 
organizations; for adhering to and helping to advance NASA's Model EEO 
Agency Plan goals and objectives; and for helping to implement and 
holding employees accountable for adhering to NASA non-discrimination 
policies and procedures.

b. Center Directors shall appoint EEO Champions for their Centers to 
assist in the development and implementation of Center Model EEO plans 
and programs through leadership, advocacy, and the promotion of employee 
engagement and inclusion.

c. The Associate Administrator for Diversity and Equal Opportunity shall 
advise and take required actions in accordance with NPD 1000.3, The NASA 
Organization and other relevant policy, including, but not limited to, 
NPD 3713.6, Delegation of Authority to Act in Matters Pertaining to 
Discrimination Complaints under 29 C.F.R. Part 1614; NPR 3713.2, 
Alternative Dispute Resolution in Matters Pertaining to Discrimination 
Complaints under 29 C.F.R. Part 1614; NPR 3713.3, Anti-Harassment 
Procedures; NPD 3713.8, Reasonable Accommodations Policy; 
NPR 3713.1, Reasonable Accommodations Procedures; the NASA Policy 
Statement of EEO; and the NASA Policy Statement on Anti-Harassment.

d. NASA managers and supervisors shall be responsible for implementing 
this policy. Performance planning and the annual appraisal process will 
include any general and/or specific requirements (from the Model EEO 
Agency Plan, related policies, and respective Center Model EEO Plans) for 
implementing the policy.

e. Every NASA employee is responsible for adhering to NASA's 
nondiscrimination and anti-harassment policies. All employees, including 
NASA managers and supervisors, are required to adhere to the Agency's 
standards of conduct with respect to EEO in the workplace.

  

6. DELEGATION OF AUTHORITY

 The Associate Administrator for Diversity and Equal Opportunity (AA, 
ODEO) is delegated the authority for:

a. Establishing and maintaining effective affirmative programs of EEO 
under Federal anti-discrimination laws.

b. Ensuring, in strategic partnership with key stakeholders, such as the 
Offices of Education, General Counsel, and Human Capital Management, that 
NASA meets all requirements relative to the NASA Model EEO Agency Plan 
and related Agency policies and programs.

c. Submitting all required annual plans and accomplishment reports on 
behalf of the Agency, as appropriate.

  

7. MEASUREMENTS

 a. The AA, ODEO, will monitor progress, evaluate results, initiate 
corrective actions, and periodically report outcomes of such processes to 
external oversight agencies, such as the EEOC, Department of Justice, and 
Office of Personnel Management (OPM), as well as NASA senior leadership.  
The AA, ODEO, will communicate relevant information regularly to 
stakeholders at the Agency and Center levels.

b. NASA submits the following annual plans and accomplishment reports:

1) NASA's Model EEO Agency Plan to the EEOC. This plan, required pursuant 
to EEOC MD 715, runs in three-year cycles. An accomplishment report is 
required annually.

(2) The Agency’s NO Fear Act Report. This report is required annually. It 
is provided to the EEOC, Department of Justice, and Congress.

(3) Disabled Veterans Affirmative Action Program Report to the OPM. This 
reflects NASA's affirmative employment plans and accomplishment reports 
relative to recruitment, hiring, placement, and advancement of disabled 
veterans, particularly with 30 percent or more disability. 

  

8. CANCELLATION

 NPD 3713.2I, Federal Equal Opportunity Programs of NASA, dated August 17, 
2010. 

  

/s/ Frederick D. Gregory
Acting Administrator

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