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                      NASA                                                                                   NPD 3713.6P
                      Policy                                                                     Effective Date: June 08, 2007
                                                                                                Expiration Date: June 08, 2012
                      Directive
                                                  COMPLIANCE IS MANDATORY
                                                                                                       Printable Format (PDF)


         Request Notification of Change   (NASA Only)

   Subject: Delegation of Authority to Act in Matters Pertaining to Discrimination
   Complaints Under 29 C.F.R. Part 1614
   Responsible Office: Office of Diversity & Equal Opportunity


   Mandatory Management Participation in NASA's Alternative Dispute Program in the Equal Opportunity Complaint
   Process (December 14, 2004), NM 3713-11 (NASA Only)

   1. POLICY

   The Assistant Administrator for Diversity and Equal Opportunity establishes the National Aeronautics and Space
   Administration's (NASA) policy in matters pertaining to discrimination complaints processing.


   2. APPLICABILITY

   This Directive is applicable to NASA Headquarters and Centers, including Component Facilities, and those
   employees paid from nonappropriated funds.


   3. AUTHORITY

   a. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16 et seq.
   b. Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.
   c. Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.
   d. Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d).
   e. Civil Rights Act of 1991, 42 U.S.C. § 1981a.
   f. Alternative Dispute Resolution Act of 1996, as amended, 5 U.S.C. § 575 et seq.
   g. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, 5 U.S.C. § 2301 note.
   h. Executive Order 11,478, as amended, 3 C.F.R. 803 (1966-1970).
   i. Executive Order 12,106, as amended, 3 C.F.R. 263 (1978-1979).


   4. REFERENCES

   a. NPD 2010.2B, Alternative Dispute Resolution (ADR).
   b. Federal Sector Equal Employment Opportunity, 29 C.F.R. Part 1614.
   c. Employee Responsibilities and Conduct, 29 C.F.R. §§ 1600 - 1630.16.
   d. U.S. Equal Employment Opportunity Commission (EEOC) Management Directive (MD) 110.
   e. EEOC MD 715.


   5. RESPONSIBILITY
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   5. RESPONSIBILITY

   a. The Assistant Administrator for Diversity and Equal Opportunity reports directly to the Associate Administrator for
   Institutions and Management, and has direct access to the NASA Administrator on all matters pertaining to Equal
   Opportunity (EO) requirements under Federal law and NASA rules and policy. The Assistant Administrator for
   Diversity and Equal Opportunity shall keep the Administrator and Deputy Administrator fully and currently informed of
   significant actions, problems, and other matters of substance related to the exercise of the authority delegated
   hereunder.
   b. The Assistant Administrator for Diversity and Equal Opportunity shall administer an effective and efficient
   complaints processing and Alternative Dispute Resolution (ADR) process on Equal Employment Opportunity (EEO)
   issues.
   c. The Director, Complaints Management Division, shall oversee and manage the processing and adjudication of
   individual and class complaints of discrimination for the entire Agency, including ADR, and shall keep the Assistant
   Administrator for Diversity and Equal Opportunity fully and currently informed of significant actions, problems, and
   other matters related to the exercise of the authority delegated hereunder. In accordance with reference 4.a, NPD
   2010.2B, §§ 5(b), 6(b), the Deputy General Counsel serving as the Dispute Resolution Specialist or his designee
   shall be kept informed of ADR activities and be able to comment on whether ADR is appropriate in a particular case.

   d. The Center Directors and the Assistant Administrator for Infrastructure and Administration, and Center Equal
   Opportunity Directors shall keep the Assistant Administrator for Diversity and Equal Opportunity fully and currently
   informed of significant actions, problems, and other matters of substance related to the exercise of the authority
   delegated hereunder.


   6. DELEGATION OF AUTHORITY

   a. The Assistant Administrator for Diversity and Equal Opportunity is delegated authority for the following:
   (1) Approving policies, plans, and procedures for implementation of NASA's EEO programs.
   (2) Evaluating the sufficiency of NASA's EEO programs and ensuring appropriate remedial action.
   (3) Ensuring that the EEO complaints resolution process, including ADR, is prompt, fair, and impartial, as required by
   29 CFR § 1614.102 and EEOC policy.
   (4) Ensuring that EEO counseling and resolution attempts, including ADR, are provided at the informal stage.
   (5) Ensuring that appropriate ADR processes are established throughout the Agency to address EEO matters and
   that such processes are utilized in both the informal and formal stages of the process.
   (6) Ensuring that full cooperation is provided by all Agency managers, supervisors, and employees to EEO
   Counselors and Agency EEO personnel in the processing and resolution of precomplaint (informal) matters and
   complaints (formal) within the Agency.
   (7) Ensuring that full cooperation is provided by all Agency managers, supervisors, and employees to the EEOC in
   the course of hearings and appeals, including granting the EEOC routine access to personnel records of the Agency
   when required in connection with an investigation.
   (8) Receiving formal individual and class complaints and accepting or dismissing formal individual complaints, after
   legal sufficiency reviews conducted by the Office of the General Counsel (OGC).
   (9) In consultation with the OGC, issuing final orders implementing or appealing decisions of an EEOC
   Administrative Judge, in regard to the acceptance or dismissal of class complaints.
   (10) Conducting necessary investigations, empowering EEO Investigators to administer oaths or obtain notarized
   statements, and requiring statements of witnesses to be under oath or affirmation.
   (11) Rendering final Agency decisions (FADs) after legal sufficiency review by the OGC. With respect to individual
   and class complaints from the Office of the Inspector General (OIG), the authority to issue FADs is retained within
   the Office of the Administrator (OA). If any conflicts arise between the OGC and the Assistant Administrator for
   Diversity and Equal Opportunity that cannot be resolved, then the issue will be referred to the Deputy Administrator
   for resolution.
   (12) In consultation with the OGC, issuing final orders or final decisions implementing or appealing decisions of
   EEOC Administrative Judges or the EEOC Office of Federal Operations (OFO) on individual and class complaints of
   discrimination. With respect to individual and class complaints from the OIG, the authority to issue final orders or
   final decisions is retained within the OA.

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   (13) Requiring appropriate corrective actions, including awards of attorney fees and costs and compensatory
   damages, on individual and class complaints of discrimination. With respect to individual and class complaints from
   the OIG, the authority to require appropriate corrective actions is retained within the OA.
   (14) In consultation with the OGC, making appeal and request for reconsideration determinations, setting forth the
   Agency's position on all complaint matters on appeal to EEOC, and setting forth the Agency's position in oppositions
   to requests for reconsideration. In cases where a hearing has been held before an Administrative Judge, the OGC
   will provide input in setting forth the Agency's position on appeal or reconsideration, and will have an opportunity to
   draft the appeal or reconsideration. With respect to individual and class complaints from the OIG, the authority for all
   of the actions described above is retained within the OA.
   (15) Monitoring compliance with all Agency settlement agreements; decisions of EEOC Administrative Judges; and
   final appellate decisions of EEOC's OFO. The Assistant Administrator for Diversity and Equal Opportunity will consult
   with the OGC as necessary. If any conflicts arise between the OGC and the Assistant Administrator for Diversity and
   Equal Opportunity, the issue will be referred to the Deputy Administrator for resolution.
   b. Where the Assistant Administrator for Diversity and Equal Opportunity has a conflict of interest in an individual or
   class complaint, the NASA Deputy Administrator is delegated the authority enumerated in this NPD, paragraph 6.a.
   c. The Center Directors and the Assistant Administrator for Infrastructure and Administration are delegated authority
   to resolve individual complaints of discrimination and to require appropriate remedial actions at any time prior to
   issuance of a FAD by the Assistant Administrator for Diversity and Equal Opportunity or the receipt of a decision from
   an EEOC Administrative Judge and subsequent final Agency action by the Assistant Administrator for Diversity and
   Equal Opportunity. With respect to individual complaints of discrimination from the OIG, the authority to resolve
   individual complaints of discrimination and to require appropriate remedial actions, as described above in this
   paragraph, 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.
   d. In consultation with the Assistant Administrator for Diversity and Equal Opportunity and the NASA General
   Counsel, the Center Directors and the Assistant Administrator for Infrastructure and Administration are delegated
   authority to resolve class complaints and to require appropriate remedial actions at any time prior to issuance of a
   FAD by the Assistant Administrator for Diversity and Equal Opportunity or the receipt of a recommended decision
   from an EEOC Administrative Judge and subsequent final Agency action by the Assistant Administrator for Diversity
   and Equal Opportunity. With respect to class complaints from the OIG, 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. Where two or more NASA Centers are involved in a class complaint, the
   Deputy Administrator is delegated the authority to resolve the matter.
   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 and in class complaints of discrimination. If the
   complaints involve personnel from the OIG, the Counsel to the Inspector General or designee will be asked to serve
   as or designate co-counsel.
   f. The authority delegated in paragraph 6.a. may be redelegated to the Deputy Assistant Administrator for Diversity
   and Equal Opportunity.
   g. The authority delegated to Center Directors and the Assistant Administrator for Infrastructure and Administration
   in paragraph 6.c. may be redelegated.


   7. MEASUREMENTS

   None.


   8. CANCELLATION

   NPD 3713.6O, dated August 5, 1999.


   /s/ Michael D. Griffin
   Administrator

   ATTACHMENT A: (TEXT)

   None.

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