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Employment Discrimination Complaint Process
Pre-Complaint Process
Formal Complaint Process
Alternative Dispute Resolution (ADR) Program

Formal Complaint Process for Employment Discrimination Complaints

For information about the formal complaint stage of the Employment Discrimination Complaint Process established by the U.S. Nuclear Regulatory Commission (NRC), see the Discrimination Complaint Process PDF Icon pamphlet and the following topics on this page:

Your Rights

During the formal complaint stage of the employment discrimination process, you have the following rights:

  • 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 any request for information to enable the NRC or the U.S. Equal Employment Opportunity Commission (EEOC) exit iconto process your complaint.

  • Right to request to participate in Alternative Dispute Resolution (ADR) 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 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 request a final agency decision based on the investigative record or after a hearing before an EEOC administrative judge.

  • Right to bypass the administrative processing under the Age Discrimination in Employment Act (ADEA) and pursue a civil action directly in an appropriate U.S. district court after providing notice to the EEOC 30 calendar days before you intend to file a civil action.

  • Right under the Equal Pay Act to file a civil action in Federal district court whether or not an administrative action has been pursued.

  • Right to appeal the final agency decision to the EEOC.

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Your Responsibilities

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.

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Contact Us

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.

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Thursday, October 02, 2008