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The complaint process
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| When an employee has a discrimination complaint, he or she may access REDRESS® by following these steps:
Informal Complaint
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Contact your local EEO office to request EEO counseling |
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You may be given the choice to participate in REDRESS mediation |
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If you accept REDRESS mediation, the dispute resolution specialist for your district will schedule the mediation within two to three weeks barring exceptional circumstances |
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You may bring a representative of your choice to mediation or you may come alone |
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The parties maintain the power to resolve the dispute the way that works best for them |
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If there is no resolution at the informal stage, you will be given a notice of right to file a formal complaint |
Formal Complaint
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At the formal complaint stage you may be offered REDRESS II |
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If you choose to participate in REDRESS II, the dispute resolution specialist for your district will schedule the mediation |
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You may bring a representative of your choice to mediation or you may come alone |
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The parties maintain the power to resolve the dispute the way that works best for them |
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Preparing for Mediation
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| The following are some tips for employees who have chosen to mediate their case:
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Mediation is informal and the mediator will not make any decisions for you |
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Expect to engage in a meaningful discussion with the other party |
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Try to imagine what the other party's concerns may be and possible options for addressing those concerns |
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Come to mediation with possible options for resolution of the dispute - don't be afraid to be creative |
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Prior to mediation, speak with friends and people whose advice you trust and seek their input about the dispute |
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You may wish to ask a trusted person to represent you by coming to the mediation and providing support |
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Gather and organize any documents you believe may help you explain your points |
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Review records that may be applicable to the resolution of the matter |
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Decide if you have filed any related grievances that you believe can also be addressed in the mediation |
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Settlement options
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| There are three possible outcomes to REDRESS or REDRESS II mediation:
1.Settlement - the parties were able to reach a mutually acceptable agreement in writing and agree to be bound by it. At this point the file will be closed.
2.Withdrawal - the person who filed the complaint may choose to withdraw the complaint because it was resolved prior to mediation, as a result of participating in mediation even though no settlement agreement was signed, or because after consideration they chose not to proceed further in the EEO process. At this point the file will be closed.
3.No Agreement - the parties are at an impasse and were not able to resolve the matter in mediation. The party filing the complaint will have the option to continue in the EEO process.
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Agreement writing tips
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Avoid vague settlement terms like "the employee will be re-instated" say "the employee will be reinstated as a postmaster in ABC post office on June 1, 2005 with a salary of XXXXXXX, etc. . . . " |
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Clearly define who will be responsible for what actions and when they will be completed. |
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Do not enter into agreements that you cannot personally enforce. If enforcement requires another person's performance, talk to that person and obtain approval and consent before signing an agreement. |
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Parties have the responsibility to make sure that settlement agreements are implemented according to the terms agreed upon. |
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Confidentiality provisions cannot be included in agreements without prior approval from the law department. |
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