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Home > About NRC
> Civil Rights > Equal Employment Opportunity
> Employment Discrimination Complaint Process
> Pre-Complaint Process
Pre-Complaint Process for Employment Discrimination Complaints
If you believe that you have been subjected to discrimination or reprisal under the Equal Employment Opportunity (EEO) policy established by the U.S. Nuclear Regulatory Commission (NRC), you may pursue your claim beginning with the pre-complaint stage of the agency's Employment Discrimination Complaint Process. To initiate
the pre-complaint process, you must first contact an EEO counselor, or the NRC's Office of Small Business and Civil Rights (SBCR), within 45 calendar days of the date of the alleged
discriminatory event. (In the case of a personnel action, the initial contact must be made within 45 calendar days of the effective date of that action.)
During the initial interview,
the EEO counselor will advise you, in writing, regarding your rights and
responsibilities in both the pre-complaint stage and the formal complaint stage of the
process. In addition, pursuant to the regulations of the U.S. Equal Employment Opportunity Commission (EEOC)  , as defined in Title 29, Part 1614, of the Code of Federal Regulations (29 CFR Part 1614 ), the EEO counselor willl advise you of your right to request to
pursue resolution of your claim through the NRC’s Alternative Dispute Resolution (ADR) Program, during either stage of the process.
For additional information about the pre-complaint stage of the employment discrimination process, see the Discrimination Complaint Process pamphlet and the following topics on this page:
Responsibilities of the EEO Counselor
The EEO counselor has the following responsibilities:
- Advise you in writing of your rights and responsibilities in the discrimination complaint
process, including your right to participate in Alternative Dispute Resolution (ADR).
- Advise you of your option to bypass the administrative process under the Age Discrimination in Employment Act (ADEA) and pursue a civil action directly in an appropriate U.S. district court, and the procedures and time limits imposed for exercising that right.
- Advise you of your right under the Equal Pay Act to file a civil action in Federal district court whether or not an administrative action has been pursued, and the procedures and time limits imposed for exercising that right.
- Listen to and understand the viewpoints of all parties in order to facilitate a resolution.
- Ensure that the claim(s)and basis(es) to be addressed are clearly defined.
- Conduct a limited fact-finding inquiry to facilitate a resolution at the lowest possible level in the Agency and to determine jurisdiction in the event that a formal complaint is filed.
- Refer you to an appropriate source if it is clear that your problem does not involve a basis(es) covered by the regulations.
- Advise and issue you a Notice of Right to File a Formal Discrimination Complaint
(NRTF), and where appropriate, the right to file 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 the dispute is not resolved during counseling.
- Prepare a report to sufficiently document the counseling activity and any jurisdictional questions that may arise.
The Counseling Inquiry
The EEO counselor must complete the inquiry and conduct the final interview with you within 30
calendar days of the date of your initial contact, unless you agree, in writing, to an extension up to
an additional 60 calendar days.
If the matter is not resolved during counseling (or the ADR process), the counselor will conduct a
final interview with you and issue you a Notice of Right to File a Formal Discrimination
Complaint (NRTF), and where appropriate, the right to file a formal grievance through
NRC/NTEU Negotiated Grievance Procedure or a mixed-case appeal through MSPB. The NRTF
will advise you of the applicable procedures and the time limits imposed for exercising those
rights.
If the matter is resolved during counseling, the terms and conditions may be reduced to writing and
signed by the appropriate parties to the agreement. A copy of the signed agreement will be
provided to you. You will also be advised of your rights and responsibilities in the event that you
believe management failed to meet the terms and conditions stated in the agreement.
Your Rights
During the pre-complaint stage of the employment discrimination process, you have the following rights:
- Right to remain anonymous unless you waive your right to anonymity in writing.
- Right to representation of your choice at any stage of the process as long as the individual identified does not create a conflict of interest or the appearance of a conflict of interest.
- Right to a reasonable amount of official time to present your complaint and to respond to
the Agency’s request for information. Please note that the actual number of hours to which you and your representative (if employed by the Agency) will be entitled will be determined in coordination with you and your representative, your management, and the Office of Small Business and Civil Rights, prior to the use of any such time.
- Right to request to participate in Alternative Dispute Resolution (ADR).
Your Responsibilities
To avoid any undue delay in processing your claim of unlawful employment discrimination,
you have a responsibility to cooperate with the EEO counselor in the following ways:
- Make a request to your supervisor for use of official time in connection with your EEO matter and receiving approval prior to taking such time unless you have requested to remain anonymous.
- Provide an explanation if your initial contact with the counselor is beyond the required period of 45 calendar days.
- Provide written notice of designation of representative (name, address, telephone number), if applicable.
- Attend scheduled meetings and responding to requests for information in a timely manner to facilitate a resolution.
- Provide notice of any change in address and telephone numbers for you and your representative, if represented.
- Make a timely request if you wish to participate in Alternative Dispute Resolution (ADR).
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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