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Pre-Complaint Stage of the NRC's Equal Employment Opportunity Alternative Dispute Resolution Program

Complainants may elect to participate in Alternative Dispute Resolution (ADR) during the pre-complaint stage of the Employment Discrimination Complaint Process established by the U.S. Nuclear Regulatory Commission (NRC). In such instances, the Equal Employment Opportunity (EEO) counselor remains the complainant's first point of contact to initiate a claim of employment discrimination. The complainant must seek counseling within 45 calendar days of the alleged discriminatory decision or action.

During the initial interview with the complainant, the counselor will complete an EEO Counseling/ADR Intake form which includes general information regarding the aggrieved person (i.e., name, job title, series and grade, home and office telephone numbers, office/division/branch/section assigned and where the alleged discrimination occurred). The intake form also includes information regarding the aggrieved person's representative (i.e., name, address, telephone number), and a statement of the issue(s) and basis(es) alleged and relief requested to resolve the matter.

The counselor will also provide the aggrieved person a copy of the Discrimination Complaint Process pamphlet, which includes the aggrieved person's rights and responsibilities in the ADR process, as well as obligations and responsibilities with respect to the confidential nature of mediation. In addition, the EEO counselor will advise the aggrieved person of the right to elect to pursue his/her claim(s) through either traditional EEO counseling or ADR.

For additional information about the pre-complaint stage of the NRC's ADR Program, see the Discrimination Complaint Process pamphlet and the following topics on this page:

Making an Election
Resolution During ADR
No Resolution During ADR

Questions regarding ADR in the agency's EEO Program should be directed to Lori Suto-Goldsby, Civil Rights Program Manager (301-415-0590 or TDD/301-415-5244), in the NRC's Office of Small Business and Civil Rights (SBCR), or by email to EEO Programs.

Making an Election

If the aggrieved person elects to pursue a resolution through EEO counseling, the counselor will have 30 calendar days from the date the aggrieved person sought EEO counseling, to conduct the inquiry. The aggrieved person may agree, in writing, to extend EEO counseling up to an additional 60 calendar days, for a total of 90 calendar days. If the matter is resolved by the counselor within 30 calendar days or within the agreed upon period of extension, an agreement, stating the terms and conditions, will be signed by the appropriate parties. If the matter is not resolved by the 30th calendar day or within the agreed upon period of extension (or if the aggrieved person does not agree to an extension by the 30th calendar day), the EEO counselor will conduct the final interview and provide the aggrieved person a written Notice of Right to File a Formal Discrimination Complaint (NRTF), or a formal grievance through the NRC/National Treasury Employees Union (NTEU) Negotiated Grievance Procedure, or a mixed-case appeal through the Merit Systems Protection Board (MSPB), if applicable. The NRTF will advise the aggrieved person of applicable procedures and time limits to exercise that right.

If the aggrieved person elects to pursue a resolution through ADR, the aggrieved person must complete a Request to Participate in ADR , and submit it to the EEO counselor. If both parties agree to participate in ADR, the EEO counselor will have the parties sign an Agreement to Participate in Mediation. The Agreement to Participate in Mediation explains the mediation process, including the rights and responsibilities of the parties, the role and responsibilities of all the participants (i.e., mediator, ADR Coordinator, Agency Official), and the confidential nature of ADR. The counselor will forward the case to the ADR Coordinator for assignment of a mediator and Agency Official. The counselor will also provide the ADR Coordinator a copy of the EEO Counseling/ADR Intake form, the Request to Participate in ADR, and the Agreement to Participate in Mediation, signed by the aggrieved person and the other party to the dispute (i.e., co-worker or agency manager whose decision or actions gave rise to the aggrieved person's concerns). The ADR process must terminate no later than 90 calendar days from the date the aggrieved person sought EEO counseling.

If the aggrieved person initially elects to pursue a resolution through traditional EEO counseling, (s)he may later decide to pursue a resolution through ADR. The combined period for EEO counseling and ADR must not exceed 90 calendar days from the date the aggrieved person sought EEO counseling.

Resolution During ADR

If a mutually acceptable resolution is reached, the parties or the mediator in coordination with the parties, the ADR Coordinator, and the Agency Official, will prepare an agreement to be signed by the appropriate parties. The ADR Coordinator will be responsible for ensuring that the terms and conditions of the agreement do not violate any applicable laws, rules, regulations, or policies. The ADR Coordinator will also 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, Office of Small Business and Civil Rights, will take appropriate action to resolve the problem.

No Resolution During ADR

If the matter is not resolved during ADR, the mediator will notify the ADR Coordinator that a resolution was not reached. The ADR Coordinator will complete the EEO Counseling/ADR Intake form indicating that an agreement was not reached and forward it to the EEO counselor. The ADR Coordinator will also refer the aggrieved person back to the EEO counselor for the final interview and issuance of the NRTF. If a formal complaint is filed, the EEO counselor will prepare a report to be issued to the aggrieved person (hereinafter complainant). All discussions and resolution activity that occur during the ADR process are confidential and will not be included in the report. The report will only include information from the EEO Counseling/ADR Intake form, information obtained during the period the individual participated in traditional EEO counseling, and a statement that the aggrieved person elected to pursue a resolution through the agency's ADR process but resolution was not successful.