The U.S. National Science Foundation Equal Employment Opportunity Program helps to create an environment where agency employees can work free of harassment and discrimination regardless of race, sex, age disability, color, religion, genetic information, sexual orientation, national origin or reprisal.
This page outlines how NSF employees and job applicants can submit a complaint and how NSF processes complaints relating to equal employment opportunity-based harassment and discrimination.
On this page
Who can file a discrimination complaint?
Any NSF employee or applicant for employment who believes he or she has been discriminated against (in an employment action, practice or decision) on one or more of the following bases can file a discrimination complaint:
- Race.
- Color.
- Religion.
- National origin.
- Gender, including sexual harassment and discrimination based on pregnancy.
- Age (40 and above).
- Physical or mental disability.
- Protected genetic information.
- Reprisal for having participated in the equal opportunity employment complaint process or opposing an unlawful employment practice.
How to initiate a complaint
You should contact NSF immediately if you believe you have been subject to equal employment opportunity (EEO)-based discrimination or harassment. Please visit the NSF EEO efile website to begin the complaint process. The site allows you to:
- Request EEO counseling.
- Submit information about your EEO informal complaint.
- View the status of any EEO case that you submitted through the system.
Note that you must begin this process within 45 calendar days of the alleged discriminatory action.
Your rights
- You have the right to be represented by someone of your choice at any stage in the process.
- You have the right to be free from restraint, interference, coercion, discrimination or reprisal.
- You have the right to appeal the decision on your complaint.
- You have the right to file a civil action.
Overview of NSF's complaint process
Stage 1: The pre-complaint process
- You must contact NSF at the "file a complaint" link above within 45 calendar days of the alleged discriminatory action.
- The NSF Office of Equity and Civil Rights (OECR) will provide you with an EEO counselor. Before contacting an EEO counselor, the OECR director (or designee) may choose to conduct conciliation.
- The EEO counselor will attempt to resolve the matter informally within 30 calendar days from the date of the initial contact. If additional time is needed for a resolution, counseling may be extended up to 60 additional days, at the agreement of you and OECR.
- You may choose mediation through alternative dispute resolution (ADR) instead of informal counseling. Once you elect to use ADR, the pre-complaint processing period is 90 days.
Conciliation allows the OECR director (or designee) a three-day window to attempt resolution of the issue before referring the complaint to mediation or traditional counseling. The OECR director or designee meets with the appropriate management official to discuss the issue and discuss alternatives that may resolve the dispute. If conciliation does not result in a mutually satisfactory resolution, you may elect to continue with mediation or traditional counseling.
Stage 2: The formal complaint process
You must file a formal complaint within 15 calendar days of receiving your "Notice of Right to File" from the EEO counselor or OECR.
Your signed and dated complaint may be mailed or personally delivered to:
Office of Equity and Civil Rights
National Science Foundation
2415 Eisenhower Avenue, Suite 17200W
Alexandria, Virginia 22314
The complaint may also be filed with the NSF Director, who will forward it to OECR.
Stage 3: The investigative process
If your complaint is accepted, an investigator will be assigned. If part or all the allegations in the complaint are rejected, you will be given the reason for the rejection and informed of your appeal rights, in writing.
The investigation is required to be completed within 180 days of the filing of the complaint. By mutual agreement, the investigation may be extended for 90 additional days.
Stage 4: The appeals process
After the investigation, you may request NSF's final decision or a hearing by the Equal Employment Opportunity Commission (EEOC).
- Final agency decision: Within 60 days of requesting a "Final Agency Decision," the director or his/her designee will issue the decision based on the information in the investigative file.
- EEOC hearing: An EEOC administrative judge conducts a hearing and issues a decision within 180 days after receiving the complaint file from NSF. If NSF does not issue a final order within 40 days after receiving the judge's decision, the findings and conclusions become NSF's final decision.
Note: You may also request a hearing or file a civil action if the investigation has not been completed within 180 days after the date the formal complaint was filed.
When can a civil action or lawsuit be filed?
You may file a lawsuit in an appropriate U.S. District Court under any of the following scenarios:
- After 180 calendar days from the date of filing a complaint with NSF, if a final decision has not been issued and no appeal has been filed.
- Within 90 calendar days of receiving notice of NSF's final decision on your complaint, if no appeal has been filed.
- Within 90 calendar days of receiving notice of EEOC's decision on your appeal.
- After 180 days from the date of filing an appeal with EEOC when there has been no EEOC decision.
Applicable laws and regulations
- "Equal Pay Act of 1963," which prohibits sex-based wage discrimination.
- Title VII of the "Civil Rights Act of 1964," which prohibits discrimination based on race, color, religion, sex or national origin.
- "Age Discrimination in Employment Act of 1967," which prohibits discrimination in employment on the basis of age.
- "Rehabilitation Act of 1973," which prohibits discrimination on the basis of disability in programs conducted by federal agencies, programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. See also 45 CFR Part 605.
- "Americans with Disabilities Act," which prohibits discrimination against persons with disabilities in areas including employment, public accommodations and communications.
- "Civil Rights Act of 1991," which provides for damages in cases of intentional employment discrimination.
- "Administrative Dispute Resolution Act of 1996," which allows agencies to resolve claims through informal discussions, negotiations and settlements.
- 29 CFR Part 1614 "Federal Sector Equal Employment Opportunity," which governs the processing of federal sector discrimination complaints.
Additional Information
If you are filing a claim under the "Age Discrimination in Employment Act," you may bypass the administrative process by filing a notice of intent to sue at least 30 days before you file a civil action in court.
Note: If you elect to file your age discrimination complaint with NSF, you may still file a civil action after completing all of the steps of the administrative process outlined above, just as you might with any other discrimination complaint.
A "mixed-case complaint" is a complaint of employment discrimination filed with a federal agency based on race, color, religion, sex, national origin, age, disability, protected genetic information, or reprisal related to or stemming from an action that may be appealed to the Merit System Protection Board.
For example, disciplinary personnel actions including, but not limited to, removals, demotions, suspensions for more than 14 days, reductions-in-force, and furloughs for less than 30 days.
The negotiated grievance procedure is contained in the collective bargaining agreement negotiated between an agency and a recognized labor organization (e.g., Local 3403, AFGE, AFL-CIO).
An allegation of discrimination may be processed under a negotiated grievance procedure or, unless specifically excluded by the bargaining agreement, under the administrative complaint process; however, an aggrieved person is not entitled to have the complaint heard in both forums.
Contact your bargaining unit representative or an EEO official for more information.
A class is defined as a group of employees, former employees or applicants who alleged they have been or are being adversely affected by an agency personnel policy or practice that discriminates against the group on the basis of their common race, color, religion, sex, national origin, age or disability.
The aggrieved persons come to the EEO official as a class agent representing the group. A class inquiry must be brought to the attention of an EEO counselor by a class agent within 45 days of the date when the specific policy or practice adversely affected the class agent or, if a personnel action, within 45 days of the effective date of that action.