Procedures for Filing Complaints of Discrimination

1. A Federal Employee, or applicant for Federal employment, who believes that he or she been discriminated against on the basis of race, color, national origin, sex, (including sexual harassment), religion, age, disabling conditions (mental or physical), or reprisal because of previous EEO participation must consult with an EEO Counselor within 45 days from the date of the alleged discriminatory act(s). (Contact an EEO Counselor through the AMES EO Office by phone or visit.)

2. Contingent workers, for this purpose, are those employees who are outside the Ames Research Center regular workforce, including but not limited to contractors, and may qualify as employees of the Agency for the purpose of using the Agency?s procedures for filling discrimination complaints. Any such employee who believes they may qualify and believes they have been discriminated against as described in paragraph 1 above must contact an EEO Counselor within 45 days from the date of the alleged discriminatory acts(s).

3. Alternative Dispute Resolution (ADR) is part of the Informal and Formal discrimination complaint process. Mediation may be offered to the Complaint upon contact with an EEO Counselor and approval by the EEO Chief.

4. Approval must be sought from the EO Chief for any extension of counseling beyond 30 days. In no event will the informal process extend beyond 90 days.

5. If the EEO Counselor is unable to achieve resolution within 30 days, and if no extended counseling is requested, the complainant will be notified in writing of the right to file a formal complaint. This notice is referred to as the ?Notice of Final Interview.?

6. The complainant has 15 days after receiving the? Notice of Final Interview? within which to file a formal complaint of discrimination. The written complaint must be filled with

Director

Discrimination Complaints Division, Code EC

Office of Equal Employment Programs

NASA headquarters

Washington, DC 20546

7. The complainant may seek the right to file in court, regardless of the status of his or her complaint, any time after 180 calendar days have elapsed from the date he or she first filed the formal complaint.

Employees Age 40 and Above
Discrimination complaints based on age will be processed under the procedures listed for applicants or employees 40 and above. In addition, a person alleging age discrimination may file a civil action in the U.S. District Court without following the complain procedure provided he or she files a ?Notice of Intent to File a Civil Action: with the Equal Employment Opportunity Commission 30 days before the suit is commenced, and within 180 days after the alleged act.

Rehabilitation Act
Discrimination complaints based on allegations of physical or mental impairment which substantially limits one or more major life activities. This includes reasonable accommodations for applicants or employees with disabilities. Allegations of discrimination based on disability will be processed under procedure listed in 1-6.

Sexual Harassment
Complaints based on allegations of sexual harassment will be processed under the procedure listed in 1-6.
Employees desiring more detailed information about the complaint process should call any member of the Ames ODEO staff.

Ext. 4-6507

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Curator: Pepsi Phounrath
NASA Official: Adriana Cardenas
Last Updated: January 23, 2007