2 FAM 1540
EEO Alternative Dispute Resolution PROGRAM
(CT:GEN-596; 07-20-2023)
(Office of Origin: S/OCR)
2 FAM 1541 POLICY
(CT:GEN-596; 07-20-2023)
(State)
a. The Department is committed to offering early resolution of EEO complaints in a neutral, non-adversarial manner, whenever possible. In addition to traditional EEO counseling, the Office of Civil Rights (S/OCR) offers the EEO/ADR program to those who’ve filed EEO complaints.
b. All EEO/ADR mediators and facilitators are neutral. The neutral is impartial and carries out the process and their duties in accordance with MD-110, chapter 3.
c. EEO complaint procedures for federal agencies, including procedures for EEO/ADR, are set forth in 29 CFR 1614. Implementation guidelines are further developed in Equal Employment Opportunity Commission (EEOC) Management Directive 110 (MD-110).
d. These policies highlight those regulations and MD-110, but do not include all information contained therein. Employees and applicants for employment are encouraged to review the regulations and MD-110 for more detail.
2 FAM 1542 AUTHORITY
(CT:GEN-596; 07-20-2023)
(State)
a. The Administrative Dispute Resolution Act of 1990.
b. The Administrative Dispute Resolution Act of 1996.
c. 29 CFR 1614.102(b)(2) and 1614.603.
2 FAM 1543 APPLICABILITY
(CT:GEN-596; 07-20-2023)
(State)
a. All individuals specified in 2 FAM 1514 who initiate an EEO complaint may request ADR at either the informal (pre-complaint) or formal (complaint) stage of the EEO process. S/OCR will review and assess whether a case is appropriate for ADR on a case-by-case-basis. Additionally, non-U.S. citizen LE Staff may request ADR at the informal stage.
b. Employees may request ADR for non-EEO workplace conflict through the Office of the Ombudsman.
2 FAM 1544 DEFINITIONS
(CT:GEN-596; 07-20-2023)
(State)
See 2 FAM 1510.
2 FAM 1545 EEO/ADR Process
(CT:GEN-596; 07-20-2023)
(State)
a. Alternative Dispute Resolution (ADR) is a program designed to resolve workplace disputes in a manner which avoids the cost, delay, and unpredictability of more traditional processes such as hearings and appeals.
b. While the primary ADR method within S/OCR is mediation, other methods may be available, as appropriate.
2 FAM 1546 Requesting ADR
(CT:GEN-596; 07-20-2023)
(State)
a. Only the aggrieved party (AP)/complaining party (CP) may initiate an ADR request.
b. ADR may be requested in either the informal or formal stage of the EEO process.
(1) Informal Stage: Once an AP requests ADR, all EEO counseling activities cease, and the informal (pre-complaint) processing period is extended from 30 to 90 days. If ADR does not result in resolution, AP is issued a Notice of Right to File and may proceed with filing a formal complaint.
(2) Formal Stage: A CP may request ADR at any time during the formal stage. If ADR does not result in resolution, the administrative EEO complaint process resumes and must be processed within the regulatory time period.
c. The AP/CP has the right to representation throughout the EEO complaint process, including the ADR process.
2 FAM 1547 rules GOVERNING eeo/adr
2 FAM 1547.1 Confidentiality
(CT:GEN-596; 07-20-2023)
(State)
a. ADR is a confidential process. Accordingly, any documents created for the purpose of ADR and statements made during ADR proceedings are for settlement purposes only and cannot be used in litigation.
b. Details of a resolution may be submitted to need-to-know officials for purposes of implementation and reporting. Unless the parties agree otherwise, there is no requirement that the final terms of a settlement must be confidential.
c. Mediators/facilitators are not permitted to testify in later proceedings relating to their mediations/facilitations, and any correspondence or communication with the mediator/facilitator is protected from subsequent disclosure.
d. All parties will be asked to sign a confidentiality agreement at the beginning of the ADR session to ensure that confidentiality about the ADR proceeding is maintained. This confidentiality agreement precludes parties from discussing the terms of settlement negotiated during mediation and the specifics of the mediation discussion. However, this does not preclude the AP/CP from sharing the underlying allegations of discrimination or the final terms of the agreement.
2 FAM 1547.2 Enforceability
(CT:GEN-596; 07-20-2023)
(State)
a. Settlement agreements reached pursuant to ADR are enforceable by the EEOC.
b. Allegations of settlement breach should be filed with S/OCR.
c. See 2 FAM 1537 for more information on settlements.
2 FAM 1547.3 Voluntariness
(CT:GEN-596; 07-20-2023)
(State)
a. Participation in the ADR program is voluntary for the AP/CP. If an AP/CP wishes to withdraw from ADR at any time prior to resolution, they retain the right to proceed with the underlying EEO complaint.
b. If S/OCR accepts a case for ADR, Responding and Resolving Officials and other Department employees necessary to provide information or assistance on behalf of the Department are required to participate when requested to do so, absent compelling reasons.
2 FAM 1548 THROUGH 1549 UNASSIGNED