PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Election Between EEO Counseling and ADR

At the initial counseling session, or within a reasonable time thereafter as established by the

agency, the aggrieved person must elect between having the dispute(s) about which s/he

contacted the EEO Counselor handled

Either through the agency's traditional EEO counseling

procedures or handled through the agency's ADR procedure(s) where the agency agrees to offer

ADR in the particular case.

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Election Between EEO Counseling and ADR

The election must be made in

writing on a form developed by the agency and the form will be attached to the EEO Counselor's report discussed below.

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Election Between EEO Counseling and ADR

The

aggrieved person's election to proceed through counseling or ADR

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

Where the agency agrees to offer ADR in a particular case, and the aggrieved person elects the

ADR procedure, the pre-complaint processing period shall be

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

Once the aggrieved person elects ADR

the EEO Counselor should complete the intake functions of counseling (that is, obtaining the information needed to determine the basis(es), claim(s), and timeliness) before referring the dispute for ADR processing through procedures developed by the agency

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

When it comes to ADR agencies are strongly encouraged to what?

Go outside the agency to obtain the services of a neutral for an ADR program

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

In the event that an agency uses one of its own employees as a neutral

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

If EEO Counselors are used as neutrals in an ADR program

The agency must assure that a Counselor never served as a neutral in the same case in which he or she served as a Counselor.

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

The agency may use EEO Counselors as ADR coordinators if, and only if...

The EEO Counselors have received professional training in the agency's ADR program.

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

Agencies should be aware that utilizing EEO Counselors as neutrals

May create confusion, both with the aggrieved individual and the Counselor, as to what role the Counselor is playing in a particular case

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

Agencies should, wherever possible, designate.

Certain individuals as either EEO Counselors or ADR neutrals, and in all cases agencies must clearly communicate to the aggrieved individual the role played by the EEO Counselor in his or her particular case

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

If the dispute is resolved during the ADR process

Then the resolution must be documented and the EEO

Counselor informed of the resolution

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Completing the ADR Process

If the dispute is not resolved within the 90-day period

The agency's ADR coordinator, or other appropriate ADR official, will notify the EEO Counselor and the Counselor will issue the notice of right to file a discrimination

complaint

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Filing of Complaint and Preparation of the EEO Counselor's Report Where ADR Fails

When advised that an aggrieved person has filed a formal complaint

EEO Counselor initially contacted by the aggrieved person will submit a written report pursuant

PROCEDURES UPON ELECTION OF THE ADR PROGRAM

Filing of Complaint and Preparation of the EEO Counselor's Report Where ADR Fails

The report will contain relevant information about

the aggrieved person, jurisdiction, claims, bases,requested remedy, and the Counselor's checklist