NASA Procedural Requirements

NPR 3713.2B Effective Date: May 22, 2017 Expiration Date: December 01, 2025

Subject: Alternative Dispute Resolution in Discrimination Complaints

Responsible Office: Office of Diversity and Equal Opportunity

Preface

P.1 Purpose

This NASA Procedural Requirements (NPR) applies to alternative dispute resolution (ADR) program activities in the equal employment opportunity (EEO) context. The NPR establishes procedures and operating principles for Agency-wide EEO ADR activities. These procedures also are intended to ensure the U.S. Equal Employment Opportunity Commission (EEOC) regulatory requirements and NASA policy directives are met and to ensure for consistency across NASA Centers. These procedures do not establish or expand any rights to administrative or judicial review or establish a remedy for any NASA employee, applicant for employment, contractor, or other person separate from existing rights under applicable Federal laws and EEOC regulations.

P.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) as a Federally Funded Research and Development Center (FFRDC) and other contractors only to the extent specified or referenced in the applicable contracts or established in applicable Federal laws.

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 is not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.

c. In this directive, all document citations are assumed to be the latest version unless otherwise noted.

d. This directive is applicable to NASA directives developed or revised after the effective date of this NPR.

e. Unless otherwise indicated, use of the word Center(s) in the text of this NPR includes NASA Headquarters and the NASA Shared Services Center. Any reference to Center Director(s) includes the Executive Director for the Office of Headquarters Operations and the Executive Director, NASA Shared Services Center. Any reference to Center EO Directors, includes EO Directors at NASA Headquarters, and NASA Shared Services Centers.

P.3 Authority

a. Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. § 571 et seq.

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

. Age Discrimination in Employment Act (ADEA) 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. Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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

g. Lilly Ledbetter Fair Pay Act of 2009, 42 U.S.C. § 2000e5(e)(A).3)(A)

h. Genetic Information Nondiscrimination Act (GINA) of 2008 42 U.S.C. 2000ff et seq.

i. Federal Sector Equal Employment Opportunity, 29 C.F.R. Part 1614.

j. Older Worker's Benefit Protection Act (OWBPA) of 1990.

k. NPD 3713.6, Delegation of Authority to Act in Matters Pertaining to Discrimination Complaints.

l. NPD 2010.2, Alternative Dispute Resolution (ADR).

P.4 Applicable Documents and Forms

a. Equal Employment Opportunity Commission (EEOC) Management Directive (MD) 110.

b. NPR 3713.1, Reasonable Accommodations Procedures.

c. NPD 3713.8, Provision of Reasonable Accommodation for Individuals with Disabilities.

d. EEO ADR Election Form C.1 (Formal Stage).

e. EEO ADR Election Form C.2 (Informal Stage).

f. Agreement to Mediate Form C.3.

g. ADR Participation Evaluation Form C.4.

h. Evaluation for Completion by Mediators Form C.5.

i. Reporting on Compliance with EEO Settlement Agreement Form C.6.

j. Settlement Agreement Compliance Checklist, C.7.

P.5 Measurement/Verification

a. Center EEO Directors will update Center EEO ADR procedures along with any related informational materials to the Agency Office of Diversity and Equal Opportunity (ODEO) for concurrence within 90 days of the effective date of this NPR (see also Sec. 1.4.2 below).

b. Center EEO Directors, in cooperation with ODEO, will periodically evaluate the operations and success of their EEO ADR Program and engage in periodic data gathering and other evaluation activities, including submitting ADR activity information to ODEO for annual reporting to the EEOC.

c. Center EEO Directors will distribute template documents "ADR Participant Evaluation" (see Appendix C) and the "Mediator's Evaluation" (see Appendix C) and collect these templates from each participant at the conclusion of the mediation or ADR process. If a participant refuses to complete the evaluation, the Center EEO Directors should document the decision and reasons given, if any.

d. Center EEO Directors will update the NASA Agency-wide complaints tracking system at the conclusion of each mediation or ADR process at the informal stage. ODEO is responsible for updating the NASA Agency-wide complaints tracking system at the formal stage. ODEO uses this data to monitor trends and determine the extent to which EEO ADR assists in resolving disputes.

P.6 Cancellation

NPR 3713.2, Alternative Dispute Resolution for Discrimination Complaints, dated May 8, 2009.

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