\[COVER\]

EEO

WHAT YOU NEED TO KNOW TO FILE AN EEO COMPLAINT

NASA GODDARD SPACE FLIGHT CENTER

EQUAL OPPORTUNITY PROGRAMS

\"We bring people together\"

\[INSIDE COVER, PAGE \"i\"\]

POLICY

The Goddard Space Flight Center does not tolerate discrimination based
on race, color, national origin, gender, religion, age, physical or
mental disability, or in retaliation for any prior involvement in EEO
activity. Center management will work with individuals who feel they
have experienced discrimination to understand the nature and impact of
the activities involved and to seek a mutually satisfactory resolution
to the issues presented.

This pamphlet provides an overview of the Equal Employment Opportunity
Discrimination Complaints process. It describes options that are unique
to Goddard, explains complainant rights and responsibilities, and
outlines what an employee can expect if a complaint goes formal.

For more information, contact the Equal Opportunity Programs Office.

301-286-7348 (Voice/TTY) or any EEO Counselor listed on the website

http://eeo.gsfc.nasa.gov/complaints.html.

Errata pp. 12, 15, 17, 26

Change of Address: the \"Discrimination Complaints Division, Code EC\"
is now the \"EO Compliance, Complaints Resolution and ADR Division,
Suite 4W39.\"

This publication is available in alternate formats upon request.

\[PAGE 1\]

Table of Contents

\[SUBJECT HEADING \... PAGE NUMBER\]

Policy \... i

Laws & Regulations \... 2

Introduction \... 4

Complaint Process Overview \... 4

Process for Complaints of Illegal Discrimination \... 6

Informal Complaint Process \... 6

Timeliness \... 6

Rights \... 6

Anonymity \... 6

Representation \... 7

Official Time \... 7

What to Expect in the Informal Process \... 7

Alternative Dispute Resolution (ADR) Program \... 9

Formal Complaint Process \... 11

Loss of Anonymity \... 11

Representation \... 11

Filing a Formal Complaint \... 12

Keeping the Agency Informed \... 12

ADR May Be Offered Again \... 13

What to Expect in the Formal Complaint Stage \... 13

Acknowledgement \... 13

Acceptance or Rejection \... 14

Investigation \... 14

Meeting with the Investigator \... 15

Report of Investigation \... 16

Decision \... 17

Withdrawals, Settlements and Remedies \... 19

Special Types of Cases \... 21

Age Discrimination in Employment Cases \... 21

Equal Pay Act Cases \... 23

Mixed EEO and Merit System Protection Board Cases \... 24

Class Action Complaints \... 26

If You Are A Contractor \... 28

Bargaining Unit Member \... 29

Definitions of Discrimination \... 30

A Note About Workplace Harassment \... 32

Resources \... 33

Accessibility \... Back Cover

\[PAGE 2\]

LAWS & REGULATIONS

Title VII of the Civil Rights Act of 1964, as amended

Title VII prohibits discrimination based on race, color, religion, sex,
or national origin. The Civil Rights Act also prohibits retaliation for
participation in the discrimination complaints process or for opposing
any unlawful employment practice under its authority.

Age Discrimination in Employment Act of 1967, as amended

The Age Discrimination in Employment Act (ADEA) prohibits discrimination
in employment based on age (greater than or equal to 40).

Rehabilitation Act of 1973, as amended

The Rehabilitation Act of 1973 prohibits discrimination based on mental
or physical disability and requires that agencies reasonably accommodate
the known physical or mental functional limitations of qualified
employees and applicants with disabilities. Recent amendments also
compel (unless it places an undue burden) the agency to ensure
individuals with disabilities access to electronic and information
technology that is functionally equivalent to that available to persons
who do not have disabilities.

\[PAGE 3\]

Equal Pay Act of 1963

The Equal Pay Act (EPA) prohibits sex-based wage discrimination. The EPA
prohibits agencies from paying employees of one sex lower wages that
those of the opposite sex for equal work performed under similar working
conditions.

Title 29 Code of Federal Regulations, Part 1614

29 CFR Part 1614 contains the regulations that govern the processing of
federal sector discrimination complaints.

Employees who feel they have experienced age based discrimination or
sex-based wage discrimination have the right to file claims directly in
civil court. More information is available on these options on pages
21-23.

Copies of the laws and regulations are available at www.eeoc.gov

\[PAGE 4\]

INTRODUCTION

The Equal Employment Opportunity (EEO) complaints process provides
individuals with an avenue of redress for perceived actions taken
against them in the workplace that they believe resulted from illegal
discrimination. The actions cited may be personnel or work related, or
they could have resulted from the Center\'s failure to respond
appropriately. The EEO complaint process provides the individual with
opportunities to seek either a mutual resolution of those issues with
management or to request a validation by a third party concerning the
claim of discrimination.

This pamphlet provides an overview of the EEO complaints process for
Goddard employees and explains their rights and responsibilities.
However, it does not offer all you may need to know about discrimination
complaint laws or EEO regulations. For further information, please
contact the DDO Office. The EO complaint process is fully accessible to
people with disabilities. Please see the back cover for complete
information.

Complaint Process Overview

The EEO complaints process is a formal rights-based process. As such, it
makes provision for the collection and hearing of evidence, a finding or
decision based on that evidence, and remedy or corrective action, if
merited.

Informal Stage

The informal stage provides the aggrieved individual with the
opportunity to fully define his or her concerns and gives the Center the

\[PAGE 5\]

opportunity to seek avenues of resolution without a finding on the
merits of the allegations.

Formal Stage

The formal stage of the EEO complaints process is concerned with the
development of evidence, the determination of discrimination, and
corrective action, if appropriate. It consists of the investigation and
decision phases. The investigation phase provides for the compilation of
evidence through the taking of affidavits and gathering documents.

In the decision phase, the agency renders a judgment on the based on the
evidence. The complainant may request a hearing by an EEOC judge before
a decision on the merits of the complaint is made. If the complainant
disagrees with the decision or if the investigation exceeds certain
timeframes, the

complainant may be entitled to appeal to the EEOC or to file suit in a
Federal district court.

The EEO complaint process can be a lengthy one. NASA has made
Alternative Dispute Resolution (ADR) options available at both the
informal and formal stages of the EEO complaint process. These options
can provide a means to

expeditiously resolve complaint issues.

The EO complaint process is fully accessible to people with
disabilities. Please see the back cover for complete information.

\[PAGE 6\]

PROCESS FOR COMPLAINTS OF ILLEGAL DISCRIMINATION: INFORMAL COMPLAINTS

Any Goddard employee, including temporary and term appointees, or an
applicant for employment who believes she or he has been discriminated
against because of race, color, religion, sex, age, national origin,
physical or mental disability, or in retaliation for involvement in
prior EEO activity, must take part in the informal process before filing
a formal EEO complaint. In some cases contractor employees may also seek
redress through the EEO complaint process. (See page 28 for more
complete information.)

Timelines

To begin the process you must contact the EEO office (301-286-7348,
Voice/TTY) or an EEO counselor within 45 calendar days of the incident
you believe to be discriminatory.

Counselors are listed at: http://eeo.gsfc.nasa.gov/complaints.html#couns

Rights

Under the law you are guaranteed the right to anonymity during the
informal process, the right to representation throughout the complaint
process, and the right to a reasonable amount of official time to
prepare your complaint.

Anonymity

You have the right to remain anonymous during the informal complaint
process. If you request anonymity, the EEO office or EEO counselor will
honor your request.

Representation

You may designate a representative at any time during the complaint
process, including the counseling stage. The EEO counselor is not an
advocate for either you or the center.

Official Time

Employee complainants and their designated representatives, if also
employed by the GSFC, may expect a reasonable amount of official time to
present the complaint and respond to the agency requests for information
if they are

in duty status. The term duty status refers to an employee's normal
hours of work. What constitutes a reasonable amount of official time may
vary from case to case. Employees seeking official time for EEO-related
matters must receive advance approval from their immediate supervisors.

What to Expect in the Informal EEO Complaint Stage

In the initial meeting, the EEO counselor will gather information about
issues in your complaint and tell you about the complaint process. The
counselor will also explain your choice to engage in either traditional
counseling or ADR mediation during the informal phase (see the next
section for more information on ADR).

The EEO Counselor conducts informal inquiries into the issues raised in
the complaint. The counselor may gather some documents or interview
managers or co-workers. Usually the counselor will meet separately with
you and the other party(ies), but, if both parties agree, she or he may
meet with you at the same time. The purpose of the counselor's inquiry
is to help him or her understand the issues at hand and

\[PAGE 8\]

to seek a resolution to them. The counselor will be careful to safeguard
the privacy of all parties involved. So for example, if you request a
comparison with other employees, the counselor cannot reveal the
identities of the comparative individuals.

The goal of counseling is an agreeable resolution to the issue. In
trying to resolve the dispute the counselor may discuss settlement
alternatives with other involved parties. Settlement discussions are
confidential. A willingness to discuss resolution does not suggest that
either party feels that his or her position is strong or weak. The
counselor does not make a judgment concerning the merit of the case.

\* If the issues raised are resolved, you and the other party(ies) will
sign a written agreement.

\* If the matter is not resolved within 30 calendar days from the date
on which you first seek EEO counseling, the EEO counselor may ask you to
agree to extend counseling for up to 60 days. Your agreement to extend
counseling must be in writing.

\* If the matter is not resolved at the end of the counseling period,
including the extended period (if agreed to), the EEO counselor will
conduct a final interview and issue you a notice of your right to file a
formal EEO complaint. This notice will be either given to you in person
or sent via certified mail.

\* If you decide to file a formal EEO complaint, the EEO counselor will
prepare a written report to document the counseling activity.

\[PAGE 9\]

ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM

When you seek EEO counseling, the EEO Counselor will tell you about the
Goddard's Alternative Dispute Resolution (ADR) Program. The ADR process
is an opportunity for you and the appropriate management official to
discuss your complaint with the help of a professionally trained
mediator who is not a Goddard employee. Mediators support the parties in
identifying the core issues and underlying interests of their dispute
and exploring a range of solutions. Employees often find this
opportunity for direct communication satisfying and effective.

Your participation in ADR is voluntary and would take place during work
hours. While the mediation process is completely confidential, it is not
possible to maintain the right of anonymity.

A discussion of the issues with the EEO officer and the ADR Program
Manager will help you determine if ADR is appropriate for your
situation. If ADR is appropriate for your case and you decide to take
part in the ADR process, you must sign a written agreement to do so. At
that time the informal complaint stage is automatically extended from 30
to 90 days from the date of your initial contact with the EEO counselor.
Mediation will be arranged through Goddard's ADR Program Manager.

\* If the matter is resolved, a copy of the written resolution agreement
will be kept the EO Office as part the case file.

\[PAGE 10\]

\* If the matter is not resolved within 90 calendar days, the ADR Office
will refer you back to an EEO counselor who will issue you a notice of
the right to file a formal EEO complaint.

\[PAGE 11\]

FORMAL COMPLAINTS PROCESS

If the informal EEO complaints process does not result in a satisfactory
resolution of the issues within the allowed timeframes, you will be
given

the option the file a formal EEO complaint. If you are a bargaining unit
member, you will have to decide between the EEO process and the
negotiated grievance process (see page 29). Employees with Age
Discrimination in Employment Act, Equal Pay Act, or mixed EEO and Merit
System Protection Board Cases should read the sections in this booklet
that address those issues (pp. 21-25) and seek additional advice before
making a decision to file a formal complaint. Goddard contractors should
read the information on page 28.

Loss of Anonymity

If you decide to file a formal complaint, your identity will not be kept
confidential during the formal complaint process. When a complaint
reaches the formal stage, the complaint file may be opened to the
parties who are involved and who require access to it for investigative
or decision making purposes.

Representation

In the formal complaint phase, you must designate your representative in
writing and have your signature notarized. Your EEO counselor will give
you a form to designate a representative at the time you receive you the
notice of the right to file a formal complaint. Designation of a
representative entitles him or her to receive copies of all
correspondence from the agency to you. A designation remains in effect
until it is cancelled in writing.

\[PAGE 12\]

Filing a Formal Complaint

To file a formal complaint, you must put your complaint in writing and
sign it. Your attorney, if one represents you may sign the form in your
stead. If someone who is not an attorney represents you, you must sign
the complaint

yourself.

The Equal Employment Opportunity Commission (EEOC) requires that all
complaints that arise at any NASA installation be filed against the
agency.

\* Your complaint must be filed with the Director, Discrimination
Complaints

Division Code EC NASA Headquarters Washington, DC 20546.

\* You may use NASA Form 1355 Complaint of Discrimination. This form
will be

given to you by your EEO counselor as an attachment to the notice of
right to file a formal EEO complaint.

\* To be timely, your complaint must be postmarked no later than 15
calendar

days after your receive the notice of the right to file a formal
complaint. Alternatively, you could hand deliver it no later than 15
calendar days after you received said notice.

Keeping the Agency Informed

If you change your mailing address, you must notify the Discrimination
Complaints Division (address above). If you fail to the keep the office
informed of your current address, your complaint may be dismissed.

\[PAGE 13\]

ADR May Be Offered Again

NASA Headquarters may offer Alternative Dispute Resolution (ADR) options
at various points during the formal complaint process. If ADR is offered
during the formal stage, NASA Headquarters will arrange for the
mediators. The Goddard EEO office may assist in making arrangements for
the mediation conference. Generally in order to assure that a complaint
is processed in a timely manner, if you elect to pursue an ADR option
during the formal complaint stage, the complaint investigation will
continue in parallel unless a settlement is reached.

What to Expect in the Formal Complaint Stage

The formal EEO complaint process is managed at NASA Headquarters for all
of the NASA Centers. Headquarters makes the decision to accept or reject
a complaint, conducts the investigation and ultimately makes the
determination on the merits of the case. During the formal stage, the
Goddard EEO office will assist with onsite logistics, be available for
advice, and at any time, is willing to facilitate settlement of issues.

Documentation is a key element of the formal complaint stage. The record
is built, a finding is made and, if warranted, correction action is
taken.

Acknowledgement

In response to your formal complaint, NASA Headquarters Discrimination

Complaints Division will send you a letter of acknowledgment. The letter
will also provide written notification of your rights and provide you
with the time requirements for exercising those rights. It is an
important letter to keep.

\[PAGE 14\]

Acceptance or Rejection

After a review of the counselor's report, the Headquarters will notify
you of the decision to accept or reject your complaint for
investigation. If your complaint is accepted, the issues to be
investigated will be stated in formal terms. The investigation will be
limited to those issues, unless your complaint is formally amended.

If your complaint is rejected, you will receive a letter from
Headquarters explaining the reasons for the dismissal and outlining your
appeal rights should you disagree with the decision.

If Headquarters believes that part of your complaint should be
dismissed, you will receive a letter outlining those claims that will be
investigated and an explanation of those that will not.

Investigation

If Headquarters accepts your complaint or any part of it for
investigation, it then assigns the complaint to an EEO investigator. EEO
investigators are usually hired from a pool of contractors who are
randomly assigned to complaint cases throughout the agency. The EEO
complaints investigator collects factual information about the stated
issues and prepares a report. He or she does not take the side of any of
the parties in the dispute. The investigative report does not contain
the investigator's opinion on the merits of the case or his or her
conclusion concerning the claim of discrimination.

While your case is in the investigative stage, you may ask to add issues
to the investigation that are like or related to the issues in your
case. You should make this request within

\[PAGE 15\]

45 days of the date of the new incident that you believe was
discriminatory, or if it is a personnel action, within 45 days or the
effective date of the action. Your request must be in writing and must
be mailed or delivered to the Discrimination Complaints Division, Code
EC, NASA Headquarters, Washington DC

20456\.

If you have more than one complaint at the formal stage, NASA will
likely consolidate them into one investigation.

The complaints investigator tries to complete the investigation within
180 days from the date the complaint is filed. With your written
consent, the investigation period may be extended up to an additional
180 days. However, when consolidating two or more complaints for
investigation, or when amending a complaint under investigation to
include like or related issues, the investigation may continue for up to
360 days after the filing date of the original complaint.

Meeting with the Investigator

The complaints investigator will take sworn testimony in the form of
affidavits from relevant persons. Your designated representative may
help you draft language for your affidavit, but only you can sign it.
Your statement must be true and correct.

The investigator may ask you to provide evidence about remedies to which
you

believe you are entitled. You must provide that evidence, including
medical reports and other personal documents.

There are penalties for false testimony. Section 1001, Title 18 of the
United States Code states that whoever, in any matter

\[PAGE 16\]

within the jurisdiction of the executive branch of the United States
Government, which includes NASA, knowingly and willfully

\"...falsifies, conceals, or covers up by any trick, scheme, or device a
material fact; makes any materially false, fictitious, or fraudulent
statement or representation; or makes or uses any false writing or
document knowing the same to contain any materially false, fictitious,
or fraudulent statement or entry; shall be fined under this title or
imprisoned not more than 5 years or both.\"

Providing information that a complaints investigator requests is
mandatory both for you and any NASA employee witnesses. If you do not
provide the information the investigator requests, your complaint may be
dismissed.

Report of Investigation

When the investigation is completed, a sanitized copy of the report will
be provided to you, your designated representative, and to the Goddard
EEO office. The Report of Investigation (ROI) will contain all of the
documentation compiled by the agency relative to your complaint to date,
including a copy of the original complaint, copies of all your
correspondence with the Discrimination Complaints Division, and the
materials gathered by the investigator. Material that compares Privacy
Act data will be sanitized so that the names of employees cannot be
linked with sensitive information. A key to the data will be kept at
NASA Headquarters.

\[PAGE 17\]

Decision

The letter that accompanies the ROI will explain your options regarding
obtaining a decision on the merits of your complaint. Within 30 days of
the date you receive the report (it will be sent certified mail), you
may request either a hearing before the EEOC or a decision from NASA
without a hearing. You may also be offered the opportunity to
participate in an ADR program at this time.

\* To request a hearing, send your request directly to the EEOC district
office that serves your geographic area within 30 days of your receipt
of the investigative report. Be sure to send a copy of your request for
hearing to the Discrimination Complaints Division, NASA Headquarters,
Code EC, Washington, DC 20546.

\* If you request a hearing in a timely manner, NASA Headquarters will
send

your complaint file to the EEOC. The EEOC then decides whether to
conduct a

hearing on some or all of the issues in the case.

\* If your case goes to an EEOC hearing, it will be referred to an
attorney in the Goddard Chief Counsel's Office. That attorney will
represent NASA at the

hearing.

\* Each hearing is different -- it depends on the issues in the case and
nature

and concerns of the judge. Often more evidence is gathered through a
process

called discovery. Usually the judge will also explore options for
settlement before holding a hearing.

\[PAGE 18\]

\* Following the hearing, the EEOC judge will send copies of his or her
decision containing findings of fact and conclusions of law to you and
to NASA Headquarters. The Agency has 40 days from the date of receipt to
issue its Notice of Final Action. The final action may carry out the
judge's decision, in full or in part, or it may decline to follow the
judge's decision. If NASA decides that its final action will not fully
carry out the judge's final decision, then the Agency must file an
appeal with the EEOC. Regardless of NASA's determination, you will be
notified of its final action and provided with applicable appeal rights
within 40 days of the Agency's receipt of the judge's findings.

\* If you do not request an EEOC hearing within 30 days of your receipt
of the

investigative file or if you request a final decision without a hearing,
NASA will issue a final decision -- usually within 60 days.

\* The letter that contains the final NASA decision will also inform you
of your appeal rights.

\[PAGE 19\]

WITHDRAWALS, SETTLEMENTS AND REMEDIES

You may withdraw or settle a complaint at any stage of the process.

Withdrawing a Complaint

If you decide to withdraw a complaint, put your withdrawal in writing,
sign it, and deliver it to the Goddard or Wallops EEO office.

Settling a Complaint

It is Goddard policy to settle complaints informally through good
negotiation and mutual agreement whenever possible and practicable. When
you agree to settle a complaint, you are agreeing that you have received
something that has value to you, in other words -- something that has
merit, desirability, or importance to you.

\* If you wish to do so, you may seek the advice of an attorney or other
qualified representative before you agree to settle your EEO complaint.

\* If you agree to settle a complaint based on one or more stipulations,
these must be written down, agreed upon, and signed by both you and by a
management designee. The EEO officer must also approve all settlement
agreements.

\* Procedures to follow if either party comes to believe the settlement
has been breached will be specified in the agreement and will be in
accordance with EEOC regulations.

\[PAGE 20\]

Settlements of Complaints Involving Age Discrimination

The Older Worker Benefit Protection Act (OWBPA) provides that the Agency
must advise employees who are settling age discrimination claims to
consult with an attorney prior to signing the settlement agreement.
Under the OWBPA the complainant has 21 days to review and consider a
settlement agreement before

signing it and 7 days to revoke the agreement once it has been signed.

Remedies Not Available to You Under Law

If you are offered relief, it may not be the relief you requested. The
following remedies are not available to you in discrimination cases that
arise under the enforcement of the EEOC.

\* Punitive damages

\* Attorney fees if:

The fees are incurred before you file a formal complaint, unless the
complaint goes to hearing and the administrative judge awards those fees
as part of the settlement.

You fail to notify NASA that an attorney is representing you.

You file an age discrimination complaint or an Equal Pay Act complaint.

\* Compensatory damages are not available if you file an age
discrimination or

Equal Pay Act complaint. In addition if NASA has made a good faith
effort to

provide a reasonable accommodation, regardless of whether there is a
finding

of discrimination compensatory damages are not available in a
Rehabilitation Act complaint.

\[Page 21\]

SPECIAL TYPES OF CASES

Because not all of the laws that pertain to EEO complaints were passed
at the same time, there are some gaps that could affect your particular
claim. The most common areas of overlap occur in Age Discrimination in
Employment Act and Equal Pay Act cases. In addition, some overlap of
cases can occur when an employee believes that illegal discrimination is
a motivation for the types of adverse personnel actions that can be
appealed to the Merit System Protection Board.

Age Discrimination in Employment Cases

If you believe you have been discriminated against based on age (greater
than or equal to 40), you have the right to use the EEO complaint
process as described in this booklet or to bypass it altogether and

\[PAGE 22\]

directly file a civil action in an appropriate U.S. district court
pursuant to the Age Discrimination in Employment Act (ADEA).

Filing an ADEA Civil Action

If you elect to use the Agency EEO complaint process and file a formal
complaint, you cannot proceed to court unless the Agency fails to
complete the investigation within 180 days, fails to issue an Agency
Decision within

the required time frame, or the Agency has issued a Final Decision.

Notices of intent to sue must be filed in writing with the EEOC.
Personal delivery may be made to:

Equal Employment Opportunity Commission

Office of Federal Operations

Federal Sector Operations

1801 L Street NW

Washington DC 20507-0002

Or mailed to:

Equal Employment Opportunity Commission

Office of Federal Operations

Federal Sector Operations

P.O. Box 19848

Washington DC 20036-9848

The notice of intent to sue should be dated and must contain the
following information:

1\. Statement of intent to file a civil action under section 15(d) of
the Age

Discrimination in Employment Act of 1967, as amended.

2\. Name, address, and telephone number of the employee or applicant.

\[Page 23\]

3\. Name, address, and telephone number of the complainant's designated

representative, if any.

4\. Name and location of the NASA installation where the alleged
discriminatory action occurred.

5\. Date on which the alleged discriminatory action occurred.

6\. Statement of the nature of the alleged discriminatory actions.

7\. Signature of the complainant or the complainant's representative.

Reminder: After the notice of intent to sue is timely filed, you must
wait at least 30 days before filing the civil action.

Filing a Formal EEO Complaint Under ADEA

If you elect to use the Agency EEO complaint process and file a formal
EEO complaint, you must complete certain steps in that process before
you can go to court. You cannot proceed to court unless one of the
conditions outlined

on page 20 are met.

Equal Pay Act Cases

You may file an Equal Pay Act (EPA) wage discrimination lawsuit in a
court of competent jurisdiction without filing a sex-based
administrative complaint under the EPA or Title VII. Alternatively, you
may choose to file a sex based EEO complaint of wage discrimination with
NASA under the EPA, Title VII, or both.

\[Page 24\]

Mixed EEO and Merit System Protection Board Cases

You may be able to raise a complaint of discrimination with the Merit
Systems

Protection Board (MSPB) in what is called a mixed-case appeal. A
mixed-case is one where an action appealable to the MSPB is combined
with a claim of discrimination.

NASA employees with one or more years of current continuous service in
the same or a similar position may appeal adverse actions to the MSPB.
Adverse personnel actions include:

\* Suspension of more than 14 days.

\* Reduction in grade and/or pay.

\* Furlough of 30 days or less.

\* Constructive discharge.

\* Removal.

\* Reduction in Force (RIF), but only relation to preference
eligibility.

Processing of Mixed--Case Complaints

If you choose to file an appeal with the MSPB, you must file your appeal
within 30 days of the disciplinary or personnel action involved. You may
receive informal EEO counseling on mixed-complaint issues, but you may
not file a formal EEO mixed-case complaint with NASA and a mixed-case
appeal with the MSPB at the same time. What you choose to do first, that
is file an appeal with the MSPB, or file a formal EEO complaint of
discrimination, determines how your claim will be processed.

\* If you decide to file a formal mixed-case complaint with the
Discrimination

Complaints Division at NASA Headquarters, it will be assigned a
complaints investigator. After the investigation is completed, you will
receive a copy of the Report of Investigation and the final Agency
decision.

\* If you first file a mixed-case complaint with NASA Headquarters, you
may abandon the EEO complaint process and file an appeal with MSPB if
120 days have expired since you filed the formal complaint and no final
NASA decision has been issued.

\* You may appeal the NASA's final agency decision to MSPB -- but not to
the EEOC and request a hearing within 30 calendar days of receiving the
decision, or file a civil action in the appropriate U.S. district court
within 30 calendar days of receiving it.

If you decide to appeal to the MSPB, you may ask EEOC to review the MSPB
administrative judge's decision on the discrimination aspects of your
appeal.

\[Page 26\]

CLASS ACTION COMPLAINTS

If you are considering bringing forward a class action complaint, i.e.,
acting as a class agent, you must also seek EEO counseling within 45
days of an alleged discriminatory event. The typical counseling period
of 30 days can be extended by 60 days if agreed to in writing as
described in the informal process on page 8. However, if during the
counseling period it seems \"reasonable\" to pursue class certification,
counseling will be suspended.

A formal class complaint must be filed with NASA Headquarters:

Discrimination Complaints Division

Code EC

Washington DC 20456

\* NASA Form 1549: Class Discrimination Complaint may be used and can be
obtained from the Goddard EOPO.

\* The complaint must be signed the Class Agent or the Class
Representative.

\* The complaint must identify the policy or practice believed to
adversely affect class as well as the action specific action or policy
which impacted the class agent.

Unlike an individual complaint, a class action is not accepted or
rejected by NASA. It is either certified or dismissed by the EEOC. The
prerequisites for certification are outlined under §1614.204.(a)(2).

Details on the processing of class action complaints in the government
are contained in Title 29 CFR § 1614.204 and in the EEOC Management
Directive 110, Chapter 8.

\[Page 27\]

For additional information contact the Equal Opportunity Programs
Office, 301-286-7348 (Voice/TTY).

\[Page 28\]

IF YOU ARE A CONTRACTOR

Goddard Contractors may qualify as \"federal employees\" within the
meaning of the antidiscrimination statutes. Contract workers will
qualify as \"federal employees\" only if they meet certain criteria that
show that Goddard exercises control over the means and manner of their
work performance. To initiate the complaint process you must contact the
EEO Office within 45 days of the alleged incident of discrimination.

In order for the center to determine if you have potential \"federal
employee\" status, an EEO Office member will ask you to provide
information concerning the degree to which NASA exercises control over
your work. The EOPO staff will analyze the information you provide and
make a determination of your

status. If the center decides that you qualify as a \"federal
employee,\" you will have the same informal process options as any
Goddard civil service employee. If the center decides that you do not
qualify, you have the right to file a formal complaint with NASA
Headquarters.

If you participate in the center informal process and your claims are
not resolved, you have the right to file a formal EEO complaint. At that
time NASA Headquarters will review your eligibility to make use of the
federal

process. If Headquarters determines that you are not eligible, you have
the right to appeal to the EEOC.

In any event, you should simultaneously pursue redress under the
processes available through your company and the EEOC in addition to
making use of the federal complaint process.

\[Page 29\]

IF YOU ARE A BARGAINING UNIT MEMBER

Some of Goddard's unions provide a process for grieving issues of
illegal discrimination. If you are a bargaining unit member, you may
elect to file a discrimination complaint through the union. However, you
cannot file both a

union grievance and a formal EEO complaint on the same issue. Time
frames for filing union grievances are often shorter than those for
pursuing EEO complaints; so if you are considering that option, check
with your union

steward.

\[Page 30\]

DEFINITIONS OF DISCRIMINATION

There are two fundamental forms of discrimination: disparate treatment
and disparate impact.

Disparate Treatment

Individuals are treated differently in the sense of being dealt with
less favorably or unequally, because of reasons related to their race,
color, sex, religion, national origin, age or disability, and management
fails to offer a legitimate nondiscriminatory reason for the difference.
This type of discrimination may be the result of:

\* A discriminatory animus (evil intent) \-- a biased attitude or
bigotry. For example: \"African-Americans don't make good engineers.
They don't belong in a lab.\"

\* Accepted beliefs and stereotypes ---- a set of beliefs or stereotypes
without evil intent) that lead to different treatment. Examples are:
\"Asians-Americans are great engineers, but they really don't want to be
supervisors\" or \"People who are blind are not able to go on official
travel by themselves.\"

\* Failure to understand what constitutes different treatment ---- a
decision or action that makes sense and could be defended except for the
fact that it causes different treatment to take place. For example:
\"She is excellent, but I am not going to assign her over there because
you and I both know that those guys will not accept a woman's opinion on
anything. They'll really give her a hard time.\"

This type of discrimination can be determined by comparing ways that
individuals are treated.

\[Page 31\]

References:

McDonnell Douglas Corp. v. Green 411 U.S.

792(1973)

McDonald v. Santa Fe Trail Transportation Co.

Disparate Impact

Although individuals are not treated differently on the surface, the
result of the policy or procedure has an adverse effect or falls more
harshly upon a specific group that is identifiable in terms of race,
color, sex, religion,

national origin, age of disability. This form of discrimination
frequently involves underlying systemic assumptions about job
requirements when there is no real job-related justification for the
factor(s) that create the disparate impact.

For example:

\* \"Ability to communicate orally\" when the bona fide job requirement
is the ability to \"communicate effectively\" with other people.

\* Education and experience that are not related to job performance.

\* Examinations that do not measure knowledge, abilities, skills and
other characteristics required to do the job.

This type of discrimination can be determined by examining
cause-and-effect relationships in terms of characteristics of the group
involved and the necessity or job relatedness of the factor causing them
to be adversely affected.

References:

Griggs v. Duke Power 401 U.S. 424 (1971)

Teamsters v. U.S. 431 U.S. 324 (1977)

Boyd v. Ozark Airlines 568 F. 2d. (1977)

\[Page 32\]

A NOTE ABOUT WORKPLACE HARASSMENT

Harassment is a form of discrimination. Due to our social context and
the pervasiveness of the problem, sexual harassment has received more
attention from the EEOC than other forms of discriminatory harassment.
However, hostile

or offensive environment type of harassment can have content based on
race, color, national origin, age, disability, religion as well as
gender.

Because of the unique aspects of sexual harassment, in 1980 the EEOC
issued specific guidance stating that unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct of a
sexual nature constitute harassment when:

a\) Submission to such conduct is made a term of condition of
employment;

b\) Submission to or rejection of such conduct by an individual is used
as a basis for decisions affecting that person; or

c\) Such conduct has the purpose of effect of unreasonable interference
with an individual's work performance or creating a hostile,
intimidating, or offensive working environment.

This definition identifies two types of sexual harassment quid pro quo
and a hostile or offensive work environment. Most people recognize quid
pro quo harassment immediately. It corresponds to parts a) and b) above.
It has direct impact on a person's career.

The elements of a hostile or offensive work environment are often more
subtle to identify.

\[Page 33\]

In hostile environment cases, the EEOC guidelines define the primary
question as whether or not the conduct \"unreasonably interfered with an
individual's performance\" or created \"an intimidating, hostile, or
offensive work environment.\" In these cases, the standard of judgment
rests on the concept of what a \"reasonable\" person would consider
hostile. Factors considered are: 1) the nature of the conduct (verbal,
physical or both), 2) frequency,

3\) whether the conduct was blatantly hostile, 4) whether the alleged
harasser was a supervisor or co-worker, 5) whether others joined in the
harassment, and 6) whether the harassment was directed at more than one
person. Each case

is different and requires an assessment of the totality of
circumstances.

RESOURCES

Goddard Equal Opportunity Programs

Office (EOPO):

301-286-7348, Voice/TTY

http://eeo.gsfc.nasa.gov

EEO Counselors:

http://eeo.gsfc.nasa.gov/complaints.html#couns

Goddard ADR Program:

301-286-0482

http://adr.gsfc.nasa.gov

Equal Employment Opportunity Commission:

http://www.eeoc.gov

Merit System Protection Board

http://www.mspb.gov

ACCESSIBILTY

The Equal Employment Opportunity Discrimination Complaint process will
be

accessible to individuals with disabilities.

1\. The EEO Office will assure that communications and interactions are
fully understood by those who participate in the process.

2\. Written materials will be available, wherever possible, in alternate
formats upon request. Alternate formats include large print, Braille,

audiotape, disk, and appropriate electronic formats. The EEO Office will
work with the individual making the request to determine the most
appropriate format.

3\. Interpreters will be provided during the complaint process to all
principals, upon request. However, the interpreters will not be provided
for private consultations between the complainant and her or his
attorney or other representatives.

4\. Goddard's EEO and ADR staff, EEO counselors, and all other official
personnel are either directly available via TTY, or through the Federal
Relay Service at 1-800-877-8339 or the Federal Video Relay Service at
http://www.fedvrs.us

5\. All meetings, hearings, or other discussions of any kind will be
held in accessible locations and facilities. All telephone conversations
and conferences will likewise be conducted in an accessible fashion.

Other reasonable accommodations will be made upon request.

NP-2004-9-668-GSFC