Formal Complaint Process for Employment Discrimination Complaints
For information about the formal complaint stage of the Equal Employment Opportunity (EEO) Complaint Process established by the U.S. Nuclear Regulatory Commission (NRC), see the Discrimination Complaint Process Pamphlet and the following topics on this page:
During the formal complaint stage of the employment discrimination process, you have the following rights:
Any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both. Employees whose claims fall outside the scope of the EEO complaint process (i.e., claims that may not be brought before the EEOC) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (CBA Article 46, Grievance Procedures). See also 29 CFR 1614, Subpart C
- Right to representation of your choice, as long as the individual identified does not create a conflict of interest or the appearance thereof.
- Right to a reasonable amount of official time to present your complaint and to respond to requests for information from sources, including the NRC or the U.S. Equal Employment Opportunity Commission (EEOC).
- Right to request to participate in the Alternative Dispute Resolution (ADR) Program at any time after you file a formal complaint, but before you request a hearing conducted by an administrative judge appointed by the EEOC.
- Right to amend your original formal complaint at any time prior to the conclusion of the investigation to include issues or claims that are like and related to those raised in the complaint.
- Right to request a final agency decision based on the investigative record or to request a hearing before an EEOC administrative judge.
- Right to file a motion with the EEOC administrative judge to amend your complaint at the hearing stage.
- Right to appeal to the EEOC the outcome of the final agency decision, or in the case of a hearing the right to appeal the agency’s final order.
- Right to bypass the administrative processing under the Age Discrimination in Employment Act (ADEA)and pursue a civil action in an appropriate U.S. district court after providing written notice to the EEOC at least 30 calendar days before you intend to file a civil action.
- Right to bypass the administrative process under the Equal Pay Actand to pursue a civil action in U.S. district court.
To avoid any undue delay in processing your claim of unlawful employment discrimination, you have the following responsibilities:
- Meet the required time frames at each stage of the formal complaint process.
- Provide a written explanation to the Director of the NRC's Office of Small Business and Civil Rights (SBCR), if you fail to file your complaint within the required 15 calendar days.
- Cooperate in the conduct of the investigation.
- Provide a prompt response to requests for information required to process your complaint.
- Keep SBCR informed of the current address and telephone numbers for you and your representative.
Contact Us if you need assistance in obtaining an EEO counselor or have questions regarding the EEO process, including the agency's ADR Program, or if you are an individual with a disability and need a reasonable accommodation in order to participate in any part of the EEO process. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Page Last Reviewed/Updated Wednesday, February 15, 2023