Counseling/Informal Complaint
EEO Counseling/Informal Complaint
Under current DOT structure and procedures, the Operating Administrations (OA)s and currently the Assistant Secretary for Administration (ASA) process the informal or counseling phase. All federal agencies must have an ADR program. The Department of Transportation uses the ONEDOT Sharing Neutral Program. ONEDOT uses mediation as its ADR method. ADR can be used in any phase of the complaint process. At any point of this phase, you can contact an EEO Counselor or use the ONEDOT ADR program.
Counseling Sessions
EEO counselors provide information to the aggrieved individual(s) concerning how the federal sector EEO process works, including time frames and appeal procedures. At the initial counseling session, counselors must advise individual(s) in writing of their rights and responsibilities within the EEO process, including the right to request a hearing before an EEOC Administrative Judge (AJ) or an immediate final decision from the agency following its investigation of the complaint. Counselors will describe how ONEDOT Sharing Neutrals Program, DOT's ADR program, works, the opportunity to participate in ADR, and the right to file a formal complaint if ADR does not result in a resolution. The counselor must also inform the individual(s) of their right to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act (ADEA), of their duty to mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a following complaint filed with the agency.
Counseling Timelines
Counseling must be completed within 30 days of the date the agency's EEO office was contacted to request counseling. If the matter is not resolved in that time period, the counselor must inform the individual(s) in writing of the right to file a discrimination complaint. If the individual(s) chooses ADR, counseling will be extended an additional 60 days, but will never exceed 90 days.
Requesting Mediation
If an employee chooses to use mediation, he or she will submit a Request for Mediation form. The case will be reviewed to ensure that mediation will work and not cause further delays in resolving any issue(s). The agency and the complainant will be sent an Agreement to Mediate form to fill out and turn in. The case is then referred to a mediator.
Mediator
Once a mediator is selected, he or she will contact each party for a pre-mediation meeting. These meetings are confidential and are designed to help clear the way for communication and resolution during mediation. Each party will be advised on the mediation process.
Mediation Session
Mediation will be conducted in a neutral location. Here, each party and the mediator will discuss options and methods of resolution. It may take more than one session or several individual meetings between each party and the counselor to reach a settlement.
Resolution
If the parties cannot reach an agreement, the mediator will contact an EEO Counselor to set up a final interview so that the complainant can file a formal complaint. If the parties reach a settlement, the mediator will write a Resolution Agreement. If the agency fails to comply with the Resolution agreement, the complainant has 30 days (from the date they knew of the noncompliance) to contact the Departmental Office of Civil Rights.
Notice of Final Interview
Once the "Notice of Final Interview" form from the counseling agency is received, the complainant has 15 days to file a formal complaint. The formal complaint must identify the agency official with whom the complaint must be filed and whether or not the aggrieved party is being legally represented.
The 30 days counseling period can be extended for an additional 60 days under the following conditions:
- The individual(s) agrees to such extension in writing.
- The aggrieved person chooses to participate in an ADR procedure
If the claim in not resolved before the 90th day, the Notice of Final Interview form must be issued to the individual(s).