ML20092A775
| ML20092A775 | |
| Person / Time | |
|---|---|
| Issue date: | 08/31/1995 |
| From: | NRC OFFICE OF SMALL & DISADVANTAGED BUSINESS UTILIZATION (OSDBU) |
| To: | |
| References | |
| NUREG-BR-0212, NUREG-BR-212, NUDOCS 9509110189 | |
| Download: ML20092A775 (5) | |
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Processing Complaints of Discrimination at the U.S. Nuclear Regulatory Comm.ission i
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This brochure provides information about the Federal Sector Employment Discrimination Complaints Process at the U.S. Nuclear Regulatory Commission (NRC). To ensure that employees and ap-plicants for employment are given fair and timely consideration, this brochure addresses the steps in filing complaints of unlawful dis-crimination practices in employment.
The Office of Small Business and How Can the EEO Civil Rights (SBCR) develops and Counselor Help You?
recommends for approval by the Executive Director for Operations overall NRC policy for equal em-The counselor will:
ployment opportunity in all Fed-cr:1 personnel practices.
O Explaintheprocesstoyouand advise you of your rights and Effective October 1,1992, the U.S.
responsibilities.
Equal Employment Opportunity Commission (EEOC) published a revised set of regulations govern-O Listen and help you specifi-ing the processing of Federal Sec.
callyidentify your concernsin tor Equal Employment Opportu.
the area of employment dis-crimination.
nity (EEO) complaints. If, as an employee or an applicant for em-ployment with the NRC, you be.
O Study your case objectively lieve that you may have been dis.
and advise you of your rights.
criminited against on one or more of the following " bases"-race, O Answer your questions.
color, religion, sex, national origin, agr, physical or mental disability, O Discuss your concerns with or retaliation for participating in supervisors and with you.
the EEO process-you must dis-cuss the problem with an EEO O Attempt to resolve your con-r counselor. Agenciesare required to cerns informally.
designate EEO counselors and to make them available toemployees EEO counselors report regularly and applicants. The goal of the to the SBCR staff about their EEO counselor is to facilitate an activities, but they will use your informal resolution of the matter name only with your permission.
between theparties when possible.
When appropriate, they will make 1
g recommendatians for actions to the SBCR s'.aif or ot).cr agency The Fonnal Cornplaint
,l managemem officir.:s if their in-volvement is necessary to resolve
..I the problem.
If the attempts to informally re-solve your complaint have been unsuccessful, you will be notified Procedurcs Dun.ng by your counselor, in writing, of InfonnalProcessing i
your right to file a formal com-
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plaint. If you decide to file a for-You must contact the EEO coun-
- IC mplaint,you oryourrepre-selor within 45 calendar days of sentative has 15 calendar days the date of the incident that gave fr m the date of receipt of this no-rise to your complaint or,if it is a tice to submit your formal com-l P aint in wnting. Itisimportant to personnel action, within 45 calen.
9 dar days ofits effective date.
know that if you do not file your 1
formal complaint within the 15-The counselor has 30 calendar daylimit, theagency may dismiss days from the time you reported your complaint.
your problem to attempt an infor-malresolution. The30-day period Although it is not the duty of the for EEO counseling may be ex-EEO counselor to file your com-P aint for you, he or she can an-l tended up toanadditional60 days if you agree in writing to such an swer your questions concerning extension.
thefiling ofyour complaint.Ifyou wish,your representative may file if, at the end of this time (includ-yourcomplaint foryou.Your writ-ing any extension), the problem is tencomplaint must bespecificand not resolved, you will be advised, must be limited to matters dis-in writing, of your right to file a cussed with the EEO counselor.
formal complaint as specified in the section on "The Formal Com.
The Director, SBCR, will then plaint," which follows.
determine whether to accept your complaint for processing. If You have the right to be repre-your complaint is accepted for 4
sented at any stage of the process processing, it will be investigated.
in presenting your complaint, in-However, if the Director, SBCR, cluding the counseling stage. As a determines not to accept your general rule, you may select any complaintin whole orin part,you person to represent you(although will be advised of your right to there are certain limitations in appeal this decision to the Office terms of conflict of interest).
of Federal Operations of the U.S.
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Equal Employment Opportunity have 30 days from the date you re-Commission.
ceive the ROI to (1) ask for a hear-ingbeforean EEOC Administrative Once a formal complaint is ac-Judge, with a subsequent decision cepted, it will be investigated by by the Head of the NRC or his or an impartial investigator as de-fined by EEOC Management Di-her designee (the deciding official),
rective (MD) 110, Chapter 5, Sec-or (2) ask for such a decision by tion V.C.
the d eciding official without a hear-ing. This notice is called the notice of your right to an " election."
The Investigation The Hearing hma,,,n.mA ha n._
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A thorough investigation will be conducted.The investigation will If you request a hearing, you will be allowed to present witnesses encompass all theinformation rel-and evidence on your behalf. The evant to the accepted complaint AdministrativeJudgewillhave180 and may, when appropriate, days from the date the EEOC re-include comparative data on other individuals who had simi-ceived your request for a hearing lar complaints. The investigation to conduct the hearing and issue findingsand conclusions and a rec-mayinclude verbatim statements, interrogatories, position papers, ommended decision on your com-or other forms of faet finding.
plaint. The Administrative Judge willforward the recommended de-During theinvestigation,you will cision to the Director, SBCR.
have an opportunity to present all the facts you believe show unlaw.
The hearing will be recorded and ful discrimination.
transcribed verbatim.
The NRC has 180 calendar days from the date you filed your com-plaint to notify you that theinves-If You Do Not Ask 2
I tigation has been completed. Af-For a Hearing j
ter theinvestigation is completed, a report ofinvestigation(ROI)will If you do not ask for either a hear-be sent to you. By written agree-ing or a decision without a hear-ment within those time periods, ing within 30 calendar days after you and the NRC may voluntar-you receive the notice of election ily extend the time period for no described above, the NRC may is-more than an additional 90 days, sue a final decision based on the You will be sent a notice that you evidence in the ROl.
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In the final decision or dismissal, file The Final Decision l
a civil action in an appropriate j
United States District Court. You The NRC deciding official willis-also may filea civilaction after180 i
sue you a final decision on your calendardayshaveelapsed from the complaint within 60calendardays date you filed your complaint if a l
final decision has not been issued j
from (1) the date of your request for an immediate decision, (2) the and you have not appealed the de-
,cision to the Commission.
end of the 30-day period after you receive the notice of election, or (3)
If you da not file an appeal with i
the date of the receipt of the the EEOC orare not satisfied with Administrative Judge's recom-the EEOC's decision,you may file mended decision.
a civil action in an appropriate United States District Court within if a hearing has been conducted, the deciding official must give 90 calendar days of receipt of the Commission's final decision.
you a copy of the Administrative Judge's recommended decision You also may file a civil act, ion along with the final decision on after 180 days from the date you your complaint. If the deciding filed theappealif theComnussion
. has not made a final decision.
officialdecides to reject or modify the AdministrativeJudge's recom-(Caveat: See the section on "Spe-mended decision, he or she will cial Cases," which follows.)
give specific reasons for doing so q
in the final decision on your com-lPaint.
Special Cases i
If you are dissatisfied with the agency's final decision, you may, The EEOC regulations contain within30 calendardays of thedate specialprocessingprovisions with you received the decision or notice of d,smissal, appeal the decision t respect to certain matters. Among i
the birector,0ffice of Federal Op-these are filing (1) civil actions erations, Equal Employment Op-in age discrimination cases, (2) portunity Commission, P.O. Box
,,imxed,, case ma tters appealable to 19848, Washington, DC 20036.
the U.S. Merit Systems Protection Board, (3) complaints on matters undercertainnegotiated grievance l
procedures, and (4) class com-Civil Action plaints. These matters are beyond the scope of this brochure. For fur-In lieu of filing an appeal with the therinformation on these matters, EEOC, you may, within 90 calen-consult 29 CFR Part 1614 or the dar days of the date you received SBCR staff.
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1.1A019E19U 120555139531 US NRC-OADM& PUBLICATIONS SVCS DIV FOIA TPS-PDR-NUREG 2WFN-6E7 DC 20555 WASHINGTON O
i NUREG/BR-0212 AUGUST 1995