NAO 215-102:Alternative Discrimination Complaint Processing

Issued 08/14/92; Effective 08/04/92;
Revoked 08/03/11

SECTION 1. PURPOSE.

.01 This order establishes an alternate procedure for addressing allegations of discrimination based on race, color, religion, sex, national origin, age or handicap, when the person responsible for the alleged act is an employee of the Personnel and Civil Rights Office (PCRO).

.02 This procedure is established to avoid real or perceived conflicts of interest, and to insure fair and impartial consideration of all allegations of discrimination.

SECTION 2. BACKGROUND.

An employee or applicant for employment who believes that (s)he has been discriminated against (aggrieved person) because of race, color, religion, sex, national origin, age or handicap must consult with an Equal Employment Opportunity (EEO) Counselor before initiating a formal complaint of discrimination.

SECTION 3. PRE-COMPLAINT PROCESSING.

.01 When an aggrieved person, as defined in Section 2, is concerned about a matter taken by the Director, PCRO or an employee in that office, (s)he may contact the Department Office of Civil Rights (OCR) for assignment of an EEO Counselor.

.02 When an aggrieved person consults with a NOAA Counselor or the NOAA EEO Officer regarding an action made within PCRO, (s)he would be advised of the option to utilize a Counselor assigned by the Director, OCR.

SECTION 4. FORMAL COMPLAINTS.

When allegations of discrimination are not resolved during counseling, the aggrieved person will be given a Notice of Right to File a Discrimination Complaint by the Counselor. The Notice will indicate that any formal complaint should be filed with the Director, OCR, Department of Commerce or an EEO Officer of another operating unit assigned by the Director, OCR.

SECTION 5. EFFECT ON OTHER ISSUANCES.

Requirements of this Order are consistent with specifications contained in Department Administrative Order (DAO) 215-5, Discrimination Complaint Process and the DOC Handbook for Processing Discrimination Complaints.

SIGNED,

Director
Office of Administration

Office of Primary Interest:
Office of Administration
Personnel and Civil Rights Office
Civil Rights Division (OA23)