It is the policy of the NTSB to prohibit discrimination and harassment based on race, color, religion, sex (including sex-based wage discrimination, and pregnancy discrimination), national origin, age (40 years of age and over), and disability (physical or mental), including the provision of reasonable accommodations for qualified applicants and employees with disabilities. Retaliation against those who initiate discrimination complaints or otherwise oppose discrimination and harassment is strictly prohibited.
Section 501 of The Rehabilitation Act of 1973 as amended, requires Federal agencies to provide reasonable accommodation for qualified individuals with disabilities, unless it would cause undue hardship. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities.
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, workplace barriers may keep others from performing jobs which they could do with some form of accommodation. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how job tasks are performed). Reasonable accommodation removes workplace barriers for individuals with disabilities.
Reasonable Accomodations Program
Note: As of January 2010, the NTSB became a partner with the DoD Computer/Electronic Accommodations Program (CAP) to provide assistive technology and services to Federal employees and wounded service members with disabilities.
Federal Laws Prohibiting Employment Discrimination
The NTSB is committed to providing equal employment opportunity; eliminating discrimination in employment; and maintaining an environment that is free from any form of prohibited discrimination. The NTSB will provide a prompt, fair and impartial review, and adjudication of any allegation of discrimination. We are committed to equal employment opportunity principles and practices in all of our management decisions and personnel practices.
- Title VII of the Civil Rights Act of 1964 (Title VII), at http://www.eeoc.gov/policy/vii.html, prohibits employment discrimination based on race, color, religion, sex, or national origin;
- The Equal Pay Act of 1963 (EPA), at http://www.eeoc.gov/policy/epa.html, protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
- The Age Discrimination in Employment Act of 1967 (ADEA), at http://www.eeoc.gov/policy/adea.html, prohibits employment discrimination against individuals who are 40 years of age or older;
- Section 50l of the Rehabilitation Act of 1973, at http://www.eeoc.gov/policy/rehab.html, prohibits discrimination against qualified individuals with disabilities; and
- The Civil Rights Act of 1991, at http://www.eeoc.gov/policy/rehab.html, which provides monetary damages in cases of intentional employment discrimination.
Other practices prohibited by the Civil Service Reform Act of 1978 (5 U.S.C. § 2302) and Executive Order 11478
In addition to the prohibitions contained in anti-discrimination laws, under merit system principles and Executive Order 11478 no personnel action in the federal government may be based on an individual's:
- Sexual Orientation;
- Status as a Parent;
- Marital Status; or
- Political Affiliation.
Complaints of Employment Discrimination
Federal laws prohibiting employment discrimination are enforced through the EEO complaints process. The federal EEO complaints process is governed by the regulations, management directives, guidance, and case law of the Equal Employment Opportunity Commission (EEOC), as well as applicable federal court cases. The EEO complaints process consists of three parts:
- The informal process, also called EEO Counseling, provides an opportunity to define the complainant's concerns, obtain information necessary to address the issues, and attempt to resolve the issues informally. This process is administered by the NTSB EEO Director. You must complete EEO counseling before filing a formal complaint.
- The formal EEO complaint process is a legal procedure for the consideration of claims of employment discrimination based on race, color, sex, national origin, religion, age, and disability. Claims of retaliation for opposing these types of discrimination or for participating in the EEO complaint process can also be raised. If a complaint meets procedural requirements established by regulation, an investigation is conducted. In most cases, complainants may also elect to have a hearing before an EEOC Administrative Judge. The formal complaint process ends when the NTAB issues a Final Agency Decision (FAD) on the complaint.
- The appeal process allows complainants to appeal FADs to the Equal Employment Opportunity Commission (EEOC). Merit decisions in mixed case complaints -- complaints on issues that are appealable to the Merit Systems Protection Board (MSPB) -- are first appealed to the MSPB.
If you believe you have been discriminated against because of your race, color, national origin, sex, age, religion, disability, or retaliation when applying for a job with the NTSB, or while on the job at the NTSB, you may initiate a discrimination complaint by contacting the NTSB EEODI Director at (202) 314-6190.
To preserve their rights under EEO laws, individuals who want to initiate a discrimination complaint must contact the NTSB EEODI Director within 45 calendar days of the date of the alleged discriminatory act or matter. The EEO Director will assign an EEO Counselor to attempt resolution of your allegations.
EEO counseling is required before a formal written complaint of discrimination may be filed. Individuals must cooperate in good faith with the EEO counseling process to preserve their right to access the formal EEO complaint process. During EEO counseling, the EEO counselor attempts to resolve the matter and provides information about complainants’ rights and responsibilities related to the administrative complaint process. To request assignment of an EEO Counselor contact the EEO Director at 202-314-6190.
Alternative Dispute Resolution
Alternative Dispute Resolution (mediation) is an option available during the EEO counseling process. Mediation is voluntary and must be requested by the individual being counseled.
Formal Complaints of Discrimination
If the EEO Counselor’s attempts to resolve your allegations have been unsuccessful, the EEO Counselor will provide you a written Notice of Final Interview, and right to file a formal discrimination complaint. You have 15 days from the date of receipt of this notice to submit a written discrimination complaint by mail or in person, to the EEODI Director. Please note that complaints must be signed and in writing. The mailing address for correspondence is:
National Transportation Safety Board
Office of Equal Employment Opportunity, Diversity and Inclusion
490 L’ Enfant Plaza E. SW
Washington, DC 20594
EEOC regulations governing the Federal administrative EEO complaint process