Contact Information
ONEDOT Sharing Neutrals Program
U.S. Department of
Transportation
1200 New Jersey Ave,
S.E.
Washington D.C. 20590
Phone: (202)
366-4648 or (202)
366-ADR1 (2371)
|
Staff Member/Role |
Address |
Phone/Email |
Beatrice Pacheco
Associate Director,
Equal Employment Opportunity
Division
|
DOT Headquarters
1200 New Jersey Ave, S.E.
Washington, DC 20590
|
Tel: (202) 366-1732
Fax: (202) 366-5575
Email:
beatrice.pacheco@dot.gov |
Roger Peralta
ONEDOT Sharing Neutrals Program
Manager
|
DOT Headquarters
1200 New Jersey Ave, S.E.
Washington, DC 20590 |
Tel: (202) 366-8964
Fax: (202) 366-5575
Email:
roger.peralta@dot.gov |
Jackie Lewis
Staff Assistant, Equal Employment Opportunity Division
|
DOT Headquarters
1200 New Jersey Ave, S.E.
Washington, DC 20590
|
Tel: (202) 366-1914
Fax: (202) 366-5575
Email:
jackie.lewis@dot.gov |
DOT Operating Administration
ADR
Contact Information
NOTE: The FAA has
established an ADR program
for EEO matters. Therefore,
FAA employees may elect to
use either the FAA ADR
program or the ONEDOT
Sharing Neutrals program.
|
|
[TABLE OF CONTENTS]
ADR Resources
ONEDOT Sharing Neutrals
DOT’s ONEDOT Sharing Neutrals Program provides neutral mediators to assist in resolving Equal Employment Opportunity (EEO) cases at all stages of the EEO Complaint Process. DOT Directive 1010.1A describes the procedures for the ONEDOT Sharing Neutrals EEO/EO ADR Program.
ADR Video
The DOT Departmental Office of Civil Rights (DOCR) has created an online video entitled “From Conflict to Resolution – The DOT Mediation Program for EEO Cases,” which will walk you through the mediation process, the EEO process, the factors that may cause conflict and proactive approaches to resolving conflict.
ONEDOT Sharing Neutrals EEO ADR Program Brochure
ADR Guide for DOT Managers in EEO Cases
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Frequently Asked
Questions
-
ADR FAQ Document
(MS Word)
This document
explains the
fundamental
concepts of
Alternative
Dispute
Resolution.
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ADR Background
The
Equal Employment
Opportunity
Commission
(EEOC)
requires all
federal agencies
to offer Alternate
Dispute
Resolution (ADR)
at all stages of
the
EEO complaint
process.
Mediation is the
form of ADR that
the Department
of
Transportation
has chosen to
utilize in EEO
cases. Mediation
is a problem
solving process
that uses a
neutral third
party. The
mediator works
with the parties
to assist them
in identifying
mutually
acceptable
solutions and to
facilitate
communication
between the
parties.
Mediation has
proven to be the
type of ADR that
is most
successful in
workplace
disputes of this
nature, and is
less
time-consuming
and less
expensive than
the more formal
EEO complaint
process.
-
[TABLE OF CONTENTS]
ADR at the
Pre-Complaint
stage
Contacting an EEO
Counselor At the informal
stage, the aggrieved
party must contact
an EEO Counselor
within 45 days of an
alleged incident.
During the
counseling session,
the EEO Counselor
will provide the
complaint with the
following documents:
-
Notification of
Rights and
Responsibilities
-
ONEDOT Sharing
Neutrals Brochure
-
Request for
Mediation form
-
Other EEO/ADR
related materials
Requesting
Mediation
The
EEO Counselor
will describe
and answer any
questions
regarding the
ADR process. If
the complainant
elects to
participate in
the ADR process,
s/he will be
required to
complete the
Request for
Mediation form.
Appropriateness
The mediation
intake form and
requests for
mediation will
be reviewed by
the agency to
determine
whether the case
is appropriate
for mediation.
If the case is
found suitable
for mediation,
an agreement to
mediate form
will be signed
by each party,
and a mediator
obtained.
Agreement to
Mediate
Once the
parties have
agreed to enter
into mediation,
the Agreement to
Mediate form
should signed by
both parties.
The form will be
submitted to the
DOCR Mediation
Coordinator (DMC).
In the event ADR
is unsuccessful,
the case is sent
back to the EEO
Counselor. The
EEO Counselor
will conduct a
final interview
and the
complaint will
follow the
EEO Complaint
Process.
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ADR at the
Formal Complaint
stage
Mediation may
also be
requested after
a formal
complaint has
been filed. An
agreement to
mediate form
must be signed
by both parties
and provided to
the DMC.
Schedule the Mediation
Once a mediator
has been
selected, the
DMC will work
with all parties
to schedule
mediation time(s)
and location(s).
Mediation will
be conducted in
a neutral
location.
Preparation
Parties
should come to a
mediation
session prepared
to discuss the
issue(s) and
possible
resolution. It
is recommended
that settlement
options be
discussed with
the appropriate
officials and/or
representatives
prior to the
mediation
session.
Mediation Session
The mediator
will facilitate
the mediation
session. Each
party will be
given the
opportunity to
discuss their
concerns without
interruption. If
necessary, the
mediator may ask
for private
discussions
(caucuses) with
each party.
Mediation will
continue until a
resolution is
reached or the
parties agree
that a
resolution of
the issue is not
possible at this
time. Since
mediation is a
voluntary
process, either
party may end
the mediation
session at any
time. If a
mutually
acceptable
resolution is
reached, the
mediator will
draft the terms
and conditions
for each party
to review.
No Resolution
Mediation
does not always
lead to a
successful
resolution. If
this occurs, the
mediator will
inform the DMC,
who will send
the case back to
the appropriate
EEO official to
continue at the
point in the EEO
Complaint
Process in which
it left off. In
the
EEO Complaint
Process, the
informal phase
may not exceed
90 calendar
days. The formal
complaint
process should
not exceed 270
calendar days.
Resolution/Settlement
Agreement
A resolution
will be reduced
to writing and
signed by both
parties. The
Civil Rights
Director, or
designated
official where
the complaint
originated, will
monitor
compliance with
resolution
agreements
reached as a
result of
mediation.
Resolution
agreements will
be maintained in
the servicing
OA’s Civil
Rights Office
and DOCR. If a
complaint is
resolved at the
formal level,
through the
mediation
process, a copy
will be
forwarded to the
appropriate
Regional DOCR
Office.
Breach of Agreement/Noncompliance
If the
aggrieved person
believes that
DOT has failed
to comply with,
or breached, the
terms of the
resolution
agreement,
he/she shall
notify the
appropriate
Regional DOCR
Office. A
notice, in
writing, must be
submitted within
30 days of when
the complainant
knew of the
breach. The
aggrieved person
may request that
the terms of the
Resolution
Agreement be
carried out, or
alternatively,
that the
complaint be
reinstated for
further action
from the point
that complaint
processing
ceased. In the
event the
aggrieved person
alleges
noncompliance
and chooses to
reinstate
his/her
allegations of
discrimination,
his/her request
for
reinstatement
will require
that she/he
return in full
to the agency
any relief that
has been
provided.
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Appeals
If the complainant is not satisfied with the agency's decision regarding whether or not a breach has occurred, or if no decision has been made, an appeal may be filed with the EEOC's Office of Federal Operations (OFO) 35 days after the assertion of breach was made or within 30 days of receiving the agency's determination. The OFO will determine if the agency has complied with the terms of the resolution agreement.
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