Informal Complaints/Pre-Complaint Counseling
EEO Directors at the NASA Centers have responsibility for administering the pre-complaint or counseling stage of the discrimination complaints process. In accordance with Title 29 of the Code of Federal Regulations Part 1614 Section 105 (29 CFR 1614.105), individuals who believe they have been discriminated against on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information by NASA must seek counseling before filing a complaint of discrimination in order to try to informally resolve the matter.
How Do I Initiate an Informal Complaint
An individual who believes that she or he has been discriminated against should:
- Immediately contact an EEO Counselor at the Center where the alleged discrimination took place within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 calendar days of the effective date of the action.
- Request counseling with an EEO Counselor. Generally, counseling must be completed within 30 calendar days. An extension may be granted up to an additional 60 calendar days.
- If Alternative Dispute Resolution (ADR) is elected at this stage, counseling is extended for an additional 60 calendar days.
- If the issue has not been resolved, the aggrieved individual is issued a Notice of Right to File a Formal Complaint.
Class Complaint
A class is a group of employees, former employees or applicants for employment who, it is alleged, have been or are being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information. See 29 CFR 1614.204(a)(1).
How Do I Initiate a Class Complaint
In accordance with 29 CFR § 1614.204, an employee or applicant who wishes to file a class complaint must seek counseling and be counseled in accordance with § 1614.105. A complainant may move for class certification at any reasonable point in the process when it becomes apparent that there are class implications to the claim raised in an individual complaint. If a complainant moves for class certification after completing the counseling process contained in § 1614.105, no additional counseling is required. The administrative judge shall deny class certification when the complainant has unduly delayed in moving for certification.
- Individual must contact an EEO Counselor at the Center where the alleged discrimination took place within 45 calendar days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 calendar days of the effective date of the action.
- Request counseling with an EEO Counselor. Generally, counseling must be completed within 30 calendar days. An extension may be granted up to an additional 60 calendar days.
- If Alternative Dispute Resolution (ADR) is elected at this stage, counseling is extended for an additional 60 calendar days.
- If the issue has not been resolved, the aggrieved individual is issued a Notice of Right to File a Formal Complaint.
FORMAL COMPLAINT
All formal complaints must be filed with the Director, EEO Complaints and Programs (CAP) within 15 calendar days from receipt of the Notice of Right to File a Formal Complaint.
How Do I File a FORMAL Complaint
If you choose to file a formal discrimination complaint, you may use one of the following options to submit your complaint:
If you do not meet all of the requirements above, please contact your Center EO Office for further assistance or guidance.
Instructions:
- E-mail:
hq-dl-EO-complaints-Programs-Division@mail.nasa.gov
Attention: Director, EEO Complaints and Programs (CAP)
- Online Filing System (eFile):
NASA Electronic Forms portal (Enter form “NF1355” in the search field)
You are able to use this system if you:- Are a NASA employee;
- Have completed informal complaint counseling;
- Are in receipt of the Notice of Right to File a Formal Complaint; and
- You have access to a computer.
If you do not meet all of the requirements above, please contact your Center EO Office for further assistance or guidance.
Instructions: - Once you get to the site, search for NF1355 (if you are a current NASA employee) or NF1355P (for those who are not NASA employees).
- For NASA employees, you need to ensure you use your government badge to be able to e-file and use the NF1355 form.
- If you are not a NASA employee, you need to download form NF1355P, complete and sign and send to the Office of Diversity and Equal Opportunity (ODEO), EEO Complaints and Programs (CAP) via Facsimile, Email or other options provided below. E-filing is not available to those who are not NASA employees at this time.
- Compatible Browsers: Internet Explorer for PC users or Safari for Mac users
- Should you encounter any difficulties locating and/or accessing a NASA or Center form, please contact the: NASA Enterprise Service Desk (ESD) – 1-877-677-2123, Option 2 or https://esd.nasa.gov
Remember, you can enter the Alternative Dispute Resolution at any time during the complaints process in an attempt to resolve your complaint.
Immediately upon receipt of a formal complaint of discrimination, the Agency will acknowledge receipt of the complaint in writing.
- The acknowledgment letter will include Agency’s date of receipt of formal complaint and date complaint is considered as filed.
- If the complaint is mailed, the date of filing is the postmark date, not the date the agency received the complaint.
- Where the matter is appropriate for ADR, the Agency may include a notice to that effect in its acknowledgment letter.
Complaints Based on Sexual Orientation
According to the Equal Employment Opportunity Commission (EEOC) gender discrimination includes discriminatory behavior resulting from a person’s failure to conform to gender stereotypes. Included in these stereotypes is the concept that men should only be attracted to women and women should only be attracted to men; or men should engage in masculine behavior, and women should engage in feminine behavior, as these have been traditionally defined. Based on the EEOC’s definition of gender stereotyping, administrative complaints based on sexual orientation may be processed under Title VII/1614. EEOC’s decision in Macy v. Dept. of Justice, Appeal No. 0120120821 (April 20, 2012) represents its position that discrimination against an individual because that person is transgender (this basis is referred to as “gender identity”) is discrimination because of gender. Complaints of discrimination on the basis of gender identity therefore should be processed under the Title VII/Part 1614 based on gender discrimination.
Pursuant to Executive Order 13087 and NASA Policy Directive (NPD) 3713.2, Federal Equal Employment Opportunity (EEO) Programs of NASA, discrimination based on sexual orientation is prohibited in the NASA workplace and the Agency’s employment practices, to the extent permitted by law.
Individuals should know that they: (1) have a right to file a complaint under the Title VII/1614 process, because they may have experienced gender discrimination in the form of gender stereotyping; (2) have a right to file a complaint under NPR 3713.4, because discrimination based on sexual orientation is prohibited in the NASA workplace; or (3) have a right to have their complaint processed simultaneously.
- An employee who believes that he or she has been discriminated against based on sexual orientation should contact an EEO Counselor at the Center where the alleged discrimination took place within 45 calendar days of the alleged discriminatory act
- Request for counseling.
- If the issue is not resolved during the informal process, the aggrieved individual is eligible to file a formal discrimination complaint.
Appeals to the Commission. If an employee or applicant for employment files a complaint of sexual orientation discrimination under the Title VII/1614 process and the Agency dismisses the complaint due to failure to state a claim of gender discrimination, the Agency should ensure that it provides the employee or applicant for employment with the appropriate notice of right to appeal as set forth in EEOC regulations (29 CFR 1614.401) and MD-110.