Fall/Winter 2007/8

O F F I C E O F D I V E R S I T Y A N D E Q U A L O P P O R T U N I T Y

National Aeronautics and Space Administration

Percent of participants agreeing with the statement “I believe my agencytreats me fairly in matters related to my employment,” at selected agencies

NASA NewsNASA Rated onMerit Principles,Work Environment NASA rates

highly overallon its work environment, includingcommitment to merit principles inpersonnel actions, though somechallenges remain, ac-cording to the U.S. MeritSystems PromotionsBoard.

NASA, along with 24other Federal agencies,participated in the MeritPrinciples Survey 2005.The report of this survey,issued in February 2007,examined employee’sperceptions of their jobs,work environments, su-pervisors and agencies,and looked at such issuesas conflict in the work-place, effectiveness ofcommunication, and employee per-ceptions of fairness and equitabletreatment.

“Overall, the survey responsesre-enforced the notions that fair andequitable treatment and successful

communication are critical tobuilding trust between managers

and employees.”

The survey showed that NASAranked highest of all the agencieson job satisfaction, with nearly80% of NASA employees respond-ing that they are generally satisfiedwith their job. However, NASAdid not rank as highly regarding

job security, with 55% reportingthat they felt their jobs were secure.While NASA ranked at the top re-garding conflict resolution, only48% of NASA employees surveyed

agreed that the agency currentlyresponds constructively to work-place conflict.

The report also found that conflictin the workplace, which the surveydefined as separate from instancesof individual mistreatment such asbullying or sexual harassment, iscommon, with nearly half of allsupervisors reporting that they dealwith at least one conflict during theyear, and 37% of employees indi-cating that they had experienced aserious conflict in their work unitsin the past 2 years. The report alsofound that the most importantmechanisms for resolving conflictare communication between peopleand establishing an organizational

culture in which there is trust be-tween managers and their employ-ees. The report found that employ-ees tended to trust their immediatesupervisors more than upper man-

agement. However, amajority of NASA em-ployees (72%) reportedthat they believed theywere treated fairly inmatters of employment.Also, the number of Fed-eral employees reportingprohibited personnelpractices in the last twowas lower than at any timein the past two decades.Overall, the survey re-sponses re-enforced thenotions that fair and eq-uitable treatment andsuccessful communicationare critical to building trust

between managers and employees.To read the MSPB report, visitwww.mspb.gov

• Center Spotlight: Diversity atNASA-Ames Research Center

• NASA Highlights from the FederalDispute Resolution Conference

• Disabled Veterans ProgramHighlights

• Top-rated Companies for Diversity

NASA News...................................1Equal Opportunity Programs.........2Center Spotlight...........................3Case Law Update.............................4Diversity Forum.............................4

Source: Merit Principles Survey 2005, by the U.S. Merit Systems Protection Board

www.nasa.gov Office of Diversity and Equal Opportunity

2Equal Opportunity ProgramsNASA Participatesin Operations War-fighter, Coming Hometo Work Programs

by Elizabeth Walker,NASA Disabled Veterans’Program Manager

The Headquarters Equal Opportu-nity and Diversity Division (HQEODM) is implementing the pro-grams at NASA HQ. After inter-viewing several candidates, the HQEODM is proud to introduce Sgt.Spencer K. Foster, a native ofWashington, D.C., as the first par-ticipant in the innovative ComingHome to Work Initiative. Sgt. Fos-ter is a veteran of the U.S. Air Force

NASA is par-ticipating in theDepartment ofDefense Oper-ations War-fighter pro-

gram and the Department of Veter-ans Affairs Coming Home to WorkInitiative Program. The NASA Of-fice of Diversity and Equal Oppor-tunity (ODEO) and the Office ofHuman Capital Management(OHCM) are working together toimplement the two programsagency wide.

whose areas of expertise includeAcquisitions, Procurement andContract Management. Spencer iscurrently working with the Agen-cy’s Small and Disadvantage Busi-ness Utilization Office as a ProgramAnalyst.

The number of soldiers comingback from the wars in Afghanistanand Iraq as disabled veterans cur-rently stands at over 26,000. Thesebrave women and men have servedour country and protected our free-doms with honor and pride. NASAcontinues to make supporting dis-abled veterans a priority and toinvest in programs like ComingHome to Work and OperationsWarfighter.

To help in fulfilling its mission ofservice to disabled veterans andtheir families, NASA recruiters andthose with hiring authority haveavailable two programs with specialappointing authorities, that may be

used to appoint an eligible veteranwithout competition. These are theVeterans’ Recruitment Appoint-ment (VRA) and the 30 percent ormore Disabled Veteran Program.

For more information on DisabledVeterans’ programs at NASAcontact Elizabeth Walker at202-358-0957.

NASA Highlightsfrom the FederalDispute ResolutionConference

by Judy Phillips,EODM ComplianceManager

NASA’s EEOcommunitywas well rep-resented at therecent FederalDispute Reso-lution Confer-ence in San

Francisco, California. Among thoseinvited to speak at the conferencewere Donald King, Acting Director,Complaints Management Division,ODEO and Headquarters’ EqualOpportunity and Diversity Manage-ment (EODM) Division DirectorRalph Suris and Equal EmploymentManager Judy Phillips.

Mr. King, along with Alan Robin-son from the USDA, gave a presen-tation on handling contingent work-er complaints. Mr. King discussedthe issues involved in making adetermination of whether a contin-gent worker is entitled to have adiscrimination complaint processedunder Federal Sector EEO regula-tions. According to Mr. King,“Processing an EEO complaint in-volving a contingent worker re-

quires a complex analysis of issues,including determining whether itwas the agency or the contractoremployee who held control overthe means and manner of the con-tractor’s work.”

Mr. King also discussed unresolvedpolicy issues, such as whether Fed-eral agencies’ responsibility forensuring against discriminatory be-havior in the workplace extend tothe contractor workforce and if so,what are the practical limits of anagency’s responsibility to act inthis context. “These policy issueshave been left to agencies to resolveon their own, because to date, therehasn't been sufficient guidance fromEEOC,” stated Mr. King.

Mr. Suris and Ms. Phillips present-ed on the topic of EODM’s Self-Assessment Program. Mr. Surisexplained all government agenciesare required to regularly assess theeffectiveness of their EEO efforts,and EODM implemented its self-assessment program as a means ofensuring that Headquarters works

effectively towards the goal of be-coming a model EEO employer.

22nd Annual Federal DisputeResolution Conference.

Ms. Phillips explained that the self-assessment process involvesEODM staff meeting one-on-onewith managers, supervisors, andemployees throughout Headquar-ters to measure their familiaritywith EEO. “The meetings providea means of assessing how well ouroffice is doing with educating ourworkforce about EEO issues, anddetermining how we can improveour services for Headquarters em-ployees . . . [I]t’s a way to showthat EEO offices can operate in aproactive mode and provide educa-tional information before it isneeded.”

www.nasa.gov Office of Diversity and Equal Opportunity

3Center Spotlight

.

Diversity at NASA-Ames ResearchCenter

by Adriana Cardenas,EO Director, Ames ODEO

environment that values and utilizesemployee contributions at all levels.At Ames Research Center (ARC),we have carried out this commit-ment by implementing several di-versity initiatives to ensure that wecontinue to foster a workforce cul-ture at our Center that honors ex-cellence, teamwork, fairness, equityand inclusion.

NASA leader-ship is com-mitted to cre-ating a work

ARC Diversity and EqualOpportunity Board (DEOB)

In the spring of 2005 we reestab-lished the Ames Diversity andEqual Opportunity Board (DEOB).The DEOB is chaired by our CenterDirector, Dr. Pete S. Worden, andits membership is comprised of allDirectorate heads, the Director ofDiversity and Equal Opportunity,Chief Counsel, Director of HumanCapital, a representative from theAmes Federal Employees Union,and a representative from each ofthe Ames employee advisorygroups.

The DEOB is required to engagein continuous learning on diversityissues and trends at the nationallevel and at Ames. Additionally,they must: closely monitor the im-pact of such issues and trends atthe Center; promote Center diver-sity policies, programs and practic-es; and help to demonstrate com-mitment to such policies, programsand practices throughout all levelsat the Center.

Ames Diversity ImplementationPlan

On October 27, 2006, Ames issuedits Diversity Implementation Plan,which we consider a major steptoward ensuring a working environ-ment which values and utilizes em-ployee contributions at all levels.Dr. Worden rolled out the Plan inNovember 2006 at a Center all-

hands meeting, in which he spokeabout diversity foremost as “a wayto solve problems.” Dr. Wordenpointed out that when a group isnot all of one mind, more possibil-ities for ideas and solutions exist

The Plan established an overarchingstructure for managing the imple-mentation of diversity initiatives.This included objectives within thefollowing four elements: Assess-ment, Awareness, Accountabilityand Action. The Plan calls for fourworking teams, one for each of thefour elements, to work toward thestrategic goals and objectivesthrough specifically identified ac-tivities. These include:

Diversity Education and AwarenessActivities—designed to provideon-going opportunities to enhancethe knowledge level and depth ofunderstanding among employeesand organizations through the useof leadership, communication, ac-tivities, training, and other organi-zational and management tools.Over the pastseveral years,three diversitytraining ses-sions have beenconducted atthe Center. Wecontinue tohold a varietyof diversityevents and ac-tivities to enhance employee knowl-edge and awareness of diversityconcepts and principles.

Diversity Assessment Survey – toprovide periodic assessments ofhow the workforce exhibits aware-ness and support for Center diver-sity programs, practices andpolicies.

Diversity Plan Action Coordination- to monitor diversity tasks per-formed by the diversity work teams,as well as the status of implemen-tation of the Diversity Implemen-tation Plan.

Benefits Realization

With the diversity infrastructurethat Ames now has in place, webelieve that we are well on our waytoward realizing a number of ben-efits that come with understanding,recognizing and appreciating diver-gent ideas, perspectives, and cul-ture. These include an environmentof increased morale and productiv-ity, greater respect for each other’sdifferences, more open dialogueand valuing of individual ideas, andgreater innovation and problemsolving capabilities by drawingfrom a wider knowledge base andvariety of perspectives.

We believe it is imperative that wecontinue to embrace diversityacross the Agency because asNASA moves toward the imple-mentation of the President’s visionfor space exploration, a highly di-verse and competent workforce willbe vital to the success of the Agen-cy’s mission. There will be phe-nomenal challenges and opportuni-

ties ahead forAmes, and weunderstand thatwe must be pre-pared to effec-tively and ap-propriately meetthose challengesand grab oppor-tunities to ex-pand diversity

and ensure inclusion at every leveland facet of our organization.

We have learned that diversity is acatalyst for stimulating innovation,creativity, and technological ad-vancement from our workforce.Isn’t that what NASA is all about?

For more information on diversityat NASA Ames, visithttp://www.nasa.gov/centers/ames/astrogram/2007/01_diversityplan.html

Work team leads for the AmesDiversity Implementation Plan.

www.nasa.gov Office of Diversity and Equal Opportunity

4Case Law UpdateSupreme CourtLimits Timeframefor Pay Discrimina-tion Cases

by Veronica R. Hill, Esq.Equal OpportunityManager

Recently, onMay 29, 2007,a sharplydivided U.S.Supreme Courtissued a deci-

sion in Ledbetter v. Goodyear Tire& Rubber Co., 127 S. Ct. 2162(2007), which makes it harder foremployees to sue employers forpay discrimination under Title VIIof the Civil Rights Act of 1964.

What happened?

Lilly Ledbetter was a manager atGoodyear Tire and Rubber Compa-ny from 1979 until retirement in1998. Toward the end of her em-ployment, she was the only womanworking as an area manager andthe discrepancy between her payand that of her 15 male counterpartswas extreme. She was paid $3,727per month; while the pay of themale area managers ranged from$4,286 to $5,236 per month. Uponretirement, she filed a formal EEOCcharge and later a lawsuit in Federal

District Court alleging unequal paybased on her sex in violation ofTitle VII.

What did the SupremeCourt say?

The Court held that a new timelimit for filing a charge of discrim-ination under Title VII (which is300 or 180 days, depending on thejurisdiction) does not start eachtime an employee receives a paycheck, even if the amount of thecheck is lower than it should bebased on a past discriminatory paydecision. The initial pay decisionconstitutes the discriminatory actand the time limit for filing startsrunning when the employee learnsof that decision. The Court pointedout that it would be difficult for anemployer to defend itself againstalleged discrimination that occurredmany years ago. In fact, one of thesupervisors whom Ledbetter ac-cused of discrimination had passedaway by the time she filed her law-suit.

What does this decision meanfor Federal Employees?

This decision leaves Federal em-ployees with a short timeframe—45 days—to raise pay discrimina-tion allegations with an EEO Coun-selor at the agency they believehas subjected them to discrimina-tion. Employees who wait to chal-lenge suspected pay discriminationrun the very real risk of forfeitingtheir right to any relief whatsoever.

Diversity ForumPower andPrivilegeWorkshops atNASA/GSFC

by Terri Yancy

When youhear the term“power andprivilege,”what comes to

mind? Do you think of people whoare at the higher echelons of theirorganizations or the social ladder?Do you think of the wealthy? Doyou think of yourself? Is it aboutwhether you're a scientist or a sec-retary? Or what color or race orgender you are?

Goddard Space Flight Center isexploring the concept of power andprivilege as it relates to diversityat Goddard. These conversations,which include a diverse group ofpeople, are intended to raise aware-ness, increase understanding ofpower and privilege, identify whohas it, and what it means to haveor not have it. Using a systemsapproach, Goddard is examining

the impact of earned and unearnedpower and privilege, as well as theconscious and unconscious influ-ences in organizations and on ourworking relationships.

The first few workshops have fo-cused on power and privilege inthe context of race (“Power & Priv-ilege: The Impact of Race”) but

there are many other dimensionsthat impact power and privilege.This workshop has received highlyfavorable reviews from participantswho describe it as “thoughtprovoking” and “educational.”

“There are many dimensionsthat impact power and

privilege.”

For more information on Goddard’s“Power and Privilege” workshopscontact Sharon Wong, Special As-sistant to the Director for Diversityat Sharon.m.wong@nasa.gov.

www.nasa.gov Editorial Content: David Chambers Ph: 202-358-2128 Communications/Design: Omar de Frias Ph: 202-358-0939