Policy
Directive
Effective Date: June 27, 2013
Expiration Date: June 27, 2029
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NASA Policy Directive |
NPD 3713.6Q Effective Date: June 27, 2013 Expiration Date: June 27, 2029 |
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04/14/2025 |
Administrative edits made to comply with executive actions. References to DEI, DEIA, and gender removed throughout and other minor edits made to align with current Agency operations. This directive is also revalidated for another 5 years. |
It is NASA policy for the Head of the Office of Equal Opportunity (OEO) to provide executive leadership and establish Agency policy in matters pertaining to discrimination complaints processing.
a. This NPD is applicable to NASA Headquarters (HQ) and NASA Centers, including Component Facilities and Technical and Service Support Centers.
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 an expected outcome, and "are/is" denotes descriptive material.
c. In this NPD, all document citations are assumed to be the latest version unless otherwise noted.
a. Alternative Dispute Resolution Act of 1996, as amended, 5 U.S.C. § 575 et seq.
b. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, 5 U.S.C. § 2301 note.
c. Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d).
d. Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.
e. Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.
f. Civil Rights Act of 1991, 42 U.S.C. § 1981a.
g. Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e-12.
h. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16 et seq.
i. Genetic Information Non-Discrimination Act of 2008, 42 U.S.C. § 2000ff et seq.
j. Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 note.
k. The Space Act, as amended, 51 U.S.C. § 20113.
l. Exec. Order No. 11478, as amended, 3 CFR 803 (1966-1970).
m. Exec. Order No. 12106, as amended, 3 CFR 263 (1978-1979).
n. Federal Sector Equal Employment Opportunity, 29 CFR pt. 1614.
a. Guidelines on Discrimination Because of Sex, 29 CFR pt. 1604.
b. Guidelines on Discrimination Because of Religion, 29 CFR pt. 1605.
c. Guidelines on Discrimination Because of National Origin, 29 CFR pt. 1606.
d. Guidelines on Equal Pay Act, 29 CFR pt. 1620.
e. Age Discrimination in Employment Act Implementing Regulations, 29 CFR pt.1625.
f. Americans with Disabilities Act Amendments Act (ADAAA) Regulations, 29 CFR pt. 1630.
g. Genetic Information Nondiscrimination Act (GINA) Regulations, 29 CFR pt. 1635.
a. The Head of OEO reports directly to the NASA Administrator on all matters pertaining to equal employment opportunity (EEO). The head of OEO keeps the Administrator and Deputy Administrator fully and currently informed of significant actions, concerns, and other matters of substance related to the exercise of the authority delegated hereunder.
b. The Head of OEO administers effective and efficient Agency-wide EEO and complaint process, including the development of complaint and Alternative Dispute Resolution (ADR) policies and procedures.
c. The Director, Complaints Management Division, oversees and manages the processing and adjudication of individual and class complaints of discrimination for the entire Agency and keeps the Head of OEO informed of significant actions, concerns, and other matters related to the exercise of the authority delegated hereunder.
d. In accordance with NPD 2010.2, the Deputy General Counsel serving as the Dispute Resolution Specialist or the designee will be kept informed of ADR activities and be able to comment on whether ADR is appropriate in a particular case.
e. The Center Directors, the Director, Mission Support Operations Office, the Executive Director of, NASA Shared Services Center (NSSC), and Center OEO Directors will keep the Head of OEO informed of significant actions, concerns, and other matters of substance related to the exercise of the authority delegated hereunder.
a. The Head of OEO is delegated authority for the following:
(1) Promulgate and implement policies, plans, procedures, and appropriate training for NASA's EEO programs. The Agency's EEO policies, plans, and procedures will be consistent with all relevant authorities, including but not limited to, the authorities set forth in forth in the above sections 3 and 4.
(2) Evaluate the sufficiency of NASA's EEO policies, plans, procedures, and training in alignment with the U.S. Equal Employment Opportunity Commission (EEOC) Management Directive (MD) 715. NASA EEO policies, plans, and procedures include and apply to the following:
(a) NPD 3713.2, Federal EEO Programs of NASA;
(b) NPD 3330.3, Recruitment, Hiring, Placement, Advancement, and Retention of Individuals with Disabilities and Disabled Veterans;
(c) NPR 3713.1, Reasonable Accommodation Procedures for Individuals with Disabilities; and
(d) NPR 3713.3 Anti-Harassment Procedures.
(3) Process formal individual and class complaints of discrimination and retaliation in a manner that is consistent with Federal Sector Equal Employment Opportunity , 29 C.F.R. Part 1614; EEOC MD 715; EEOC MD 110; EEOC Federal Sector case law; and applicable U.S. Supreme Court, U.S. Court of Appeals, and U.S. District Court case law. (
4) Ensure that the EEO complaint resolution process, including ADR, is prompt, fair, and impartial, as required by 29 CFR § 1614.102, as well as EEOC and applicable NASA policy, such as NPR 3713.2, Alternative Dispute Resolution for Discrimination Complaints.
(5) Ensure that EEO counseling and resolution attempts, including ADR, are available at the informal stage.
(6) Ensure that the ADR process is implemented in accordance with NPR 3713.2 throughout the Agency and is utilized for both informal and formal EEO complaints.
(7) Advise all Agency managers, supervisors, and employees of their responsibility to cooperate with EEO Counselors, Agency EEO personnel, and EEO contractor procured by NASA, in the processing and resolution of informal and formal complaints.
(8) Advise all Agency managers, supervisors, and employees of their responsibility to fully participate in informal counseling, formal investigations, EEOC hearings, EEOC appeals, and EEO civil action, other EEO processes.
(9) Receive formal individual and class complaints of employment discrimination and accept or dismiss formal individual complaints.
(10) Issue Final Orders (FO) implementing or declining to implement decisions of an EEOC Administrative Judge, in regard to the certification of class complaints.
(11) Conduct necessary investigations and inquiries, delegating EEO Investigators authority to administer oaths or obtain notarized statements and requiring statements of witnesses to be under oath or affirmation.
(12) Render Final Agency Decisions (FAD) on the merits of complaints.
(13) Issue FOs implementing or decling to impelement decisions of EEOC Administrative Judges on individual and class complaints of discrimination.
(14) Implement decisions or orders issued by EEOC's Office of Federal Operations (OFO) on individual and class complaints of discrimination.
(15) Order appropriate corrective actions, including but not limited to, awards of attorney's fees and costs and pecuniary and compensatory damages on individual and class complaints of discrimination.
(16) Coordinate with the Office of General Counsel (OGC), prior to issuing an FO on an adverse EEOC decision, to support OGC's litigation posture including on the filing of appeals and requests for reconsideration. In cases involving an appeal or request for reconsideration of an adverse EEOC decision, OGC will prepare the required appeal documents and send the documents to OEO for OEO's submission to EEOC, concurrent with OEO's issuance of an FO.
(17) Monitor compliance with all Agency settlement agreement, FADs, FOs EEOC Administrative Judge decisions, and EEOC OFO appellate decisions.
(18) Receive legal sufficiency reviews from OGC prior to issuing Final Actions on EEO complaints and Agency- wide policies or procedures.
(19) For cases that emanate from the Office of the Inspector General, the following applies:
(a) The authority to render FADs on the merits of individual and class complaints is retained within the Office of the Administrator (OA);
(b) The authority to issue FOs or final decisions, including decisions on alleged breach of settlement agreements, in individual and class complaints is retained within the OA;
(c) The authority to require appropriate corrective actions in individual and class complaints is retained within the OA;
(d) The authority to make request for appeal and request for reconsideration determinations, defining the Agency's position on all complaint matters on appeal and requests for reconsideration to EEOC is retained within the OA;
(e) The authority to resolve class complaints is delegated to the Inspector General, in consultation with the OA. If the Inspector General has a conflict of interest, then the authority is retained within the OA;
(f) In cases that involve litigation, the authority to designate co-counsel is delegated to the Counsel to the Inspector General or designee; and
(g) The Inspector General in consultation with the OA is delegated the authority to resolve individual complaints of discrimination and to require appropriate remedial actions. In the event of a conflict of interest, the authority is retained by the OA.
b. Where the Head of OEO has a conflict of interest in an individual or class complaint, the AA, Mission Support Directorate, or other appropriate Agency official designated by the OA, is delegated the authority to process and adjudicate the complaint.
c. The Center Directors, Director, Mission Support Operations Office, and the Executive Director of NSSC are delegated authority to resolve individual complaints of discrimination and to require appropriate remedial actions at any time prior or subsequent to issuance of a FAD or FO by the Head of OEO or the receipt of a decision from an EEOC Administrative Judge.
d. The Head of OEO is delegated authority to process and monitor class complaints and to require remedial policies, procedures, or other actions, as deemed appropriate, in consultation with the OGC. In consultation with the Head of OEO and the NASA General Counsel, the Center Directors and the AA for Mission Support are delegated authority to resolve class complaints.
e. The NASA General Counsel, or the Center Chief Counsel, or designee, as appropriate, is delegated the authority to designate Agency Representatives in individual complaints where a hearing is requested, and in all formal class complaints of discrimination.
f. The Head of OEO may be redelegate any of the authorities delegated in paragraph 6a as deemed appropriate by the Head of OEO.
g. The authority delegated to the Center Directors, the Director, Mission Support Operations Office, and the Executive Director of NSSC, in paragraph 6.c. may be redelegated.
None.
NPD 3713.6P, Delegation of Authority to Act in Matters Pertaining to Discrimination Complaints Under 29 C.F.R. Part 1614, dated June 8, 2007.
None.
None.
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.