Formal Complaint Stage of the NRC's Equal Employment Opportunity Alternative Dispute Resolution Program
Aggrieved persons may elect to participate in Alternative Dispute Resolution (ADR) during the formal stage of the Employment Discrimination Complaint Process established by the U.S. Nuclear Regulatory Commission (NRC). A complainant who wishes to do so must submit a Request to Participate in ADR and agree to a potential 60 calendar day extension of the formal complaint process.
ADR will not occur unless both parties voluntarily agree that it will be appropriate and useful in reaching a resolution. By electing to participate in ADR, the complainant does not waive any rights in the EEO complaint process. Additionally, election of ADR does not suspend the time frame for requesting a hearing before an administrative judge of the U.S. Equal Employment Opportunity Commission (EEOC), or the statutory time frames for filing a civil action in U.S. district court. The role of the ADR Coordinator, Agency Official, and mediator will be the same as in the pre-complaint stage.
- Request for ADR After Completion of Investigation
- Request for ADR and Final Agency Decision (FAD) With/Without a Hearing
Request for ADR After Completion of Investigation
If the parties agree to participate in ADR after completion of the investigation but prior to complainant's request for a hearing, the ADR Coordinator will obtain a mediator and identify an Agency Official. If an agreement is reached, the parties or the mediator in coordination with the parties, the ADR Coordinator, and the Agency Official, will prepare the agreement for signature by the appropriate parties. The ADR Coordinator will be responsible for monitoring the agreement and ensuring that the terms and conditions are met. If the terms and conditions are not met, the ADR Coordinator, the Agency Official, and the Director, SBCR, will be responsible for resolving the problem.
If an agreement is not reached, the ADR process will be terminated and formal processing of the complaint will continue from the point processing ceased. Complainant will be advised of his/her right to request a final agency decision with or without a hearing before an administrative judge appointed by the EEOC, and the procedures and time limits for exercising those rights.
Request for ADR and Final Agency Decision (FAD) With/Without a Hearing
In accordance with EEOC regulations, when a hearing is requested, the parties may be required to participate in EEOC facilitated ADR instead of agency (NRC) facilitated ADR.
If the complainant requests ADR subsequent to requesting a final agency decision, the agency will facilitate ADR if all parties agree. If the matter is not resolved during ADR, formal processing of the case will continue from the point at which processing ceased.