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Formal 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 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 to the agency's ADR Coordinator. The complainant must also agree to extend the period for processing the formal complaint, including the issuance of a final agency decision, for no more than 90 calendar days.

ADR cannot occur unless both parties voluntarily agree that it will be appropriate and useful in reaching a resolution in the matter. By electing to participate in ADR, the complainant does not waive the regulatory right to a hearing before an administrative judge of the U.S. Equal Employment Opportunity Commission (EEOC) . Additionally, election of ADR does not suspend the time frame for requesting an EEOC hearing, or the statutory time frames for filing suit 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.

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

Request for ADR Prior to Determining Acceptance/Dismissal of Complaint
Request for ADR Prior to Completion of Investigation
Request for ADR After Completion of Investigation
Request for ADR and Final Agency Decision (FAD) With/Without a Hearing

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.

Request for ADR Prior to Determining Acceptance/Dismissal of Complaint

If both parties voluntarily agree that participation in ADR is appropriate and useful in reaching a resolution in the matter, the ADR Coordinator will obtain a mediator and identify an Agency Official. If the matter is resolved, 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 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 take appropriate action to resolve the problem.

If the matter is not resolved, the ADR process will be terminated and formal processing of the complaint will continue from the point processing ceased.

Request for ADR Prior to Completion of Investigation

The agency is required to complete the investigation and issue an investigative file to the complainant within 180 calendar days from the filing date of the complaint. If the parties agree to participate in ADR after the formal complaint is filed and prior to completion of the investigation, the investigation will be suspended for 30 calendar days. The ADR Coordinator will obtain a mediator and an Agency Official to be assigned to the case. If the matter is resolved, an agreement will be prepared by the parties or the mediator in coordination with the parties, the ADR Coordinator and the Agency Official, to be signed by the appropriate parties. The ADR Coordinator is 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 take appropriate action to resolve the problem.

If the matter is not resolved, the ADR process will be terminated and formal processing of the complaint will continue from the point processing ceased.

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, if complainant requests a hearing, (s)he will not be allowed to participate in the agency's ADR process. ADR attempts may be made by the administrative judge prior to arranging a hearing.

If complainant requests a FAD without a hearing and requests ADR , (s)he must complete a Request to Participate in ADR , and agree to an extension of no more than 90 calendar-days beyond the 60 calendar-day period in which the agency must issue the FAD. If both parties agree to participate, the ADR Coordinator will have them sign an Agreement to Participate in Mediation and obtain a mediator and identify an Agency Official. If the case is resolved during ADR, an agreement will be signed 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 the matter is not resolved during ADR, formal processing of the case will continue from the point at which processing ceased.