ML20215K747
| ML20215K747 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1985 |
| From: | Kerr W NRC OFFICE OF SMALL & DISADVANTAGED BUSINESS UTILIZATION (OSDBU) |
| To: | Shea L NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| Shared Package | |
| ML20215K297 | List:
|
| References | |
| FOIA-86-85, FOIA-86-A-29 NUDOCS 8610280286 | |
| Download: ML20215K747 (3) | |
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SEP 181985 MEMORANDUM FOR:
Lisa A. Shea, Auditor Office of Investigator and Auditor FROM:
W. B. Kerr, Director Office of Small and Disadvantaged Business Utilization / Civil Rights
SUBJECT:
DISCRIMINATION COMPLAINT Please be advised that your complaint is accepted for processing with respect to the following issues: a) whether you were the victim of sexual harassment by the Deputy Director, Office of Inspector and Auditor; and b) whether the Office of Inspector and Auditor management engaged in reprisal, harassment, or coercion against you because of your participation in the EE0 complaint process.
The requirement of U.S. Equal Employment Opportunity Commission (EEOCl regulations at 29 C.F.R. 6 1613.214 provides in part, that an agency may accept a complaint for processing only if the complainant brought to the attention of an EE0 Counselor the ratter causing him/her to be.lieve he/she has been discriminated against within 30 calendar days of its effective date. On this basis your complaint is accepted for processing.
Arrangements will be made for a private firm to investigate the complaint.
The investigator handling the case will be provided the complaint file and will be contacting you in the near future. Based on the information developed by the investigation, an effort at adjustment of the complaint on an informal basis will be made as required by established procedures. You will receive a copy of the investigative report and will be given an opportunity to discuss it with an EE0 Officer who will be assigned after completion of the investigation.
Your rights, as well as the time reouirements for exercising those rights, are set forth below:
1.
If an adjustment of the complaint is arrived at, the terms of the adjustment will be reduced to writing, and you will be provided a copy.
2.
If no adjustment of the complaint is made at this point in processing the complaint, you will be notified in writing of the proposed disposition of the complaint. You will also be notified at this time of your right to a hearing by an EEOC Complaints Examiner who will recommend a decision to the Executive Directnr for Operations, or his designee. However, a decision without a hearing can be made by the Executive Director for
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Operations or his designee. If you want a hearing, or if you want a decision by the Executive Director for Operations or his designee without a hearing, you must notify the Director of the Office of Small and l'
8610280286 861021 PDR FOIA GARDE 86-A-29 PDR
Lisa A. Shea SEP 181985 Disadvantaged Business Utilization / Civil Rights in writing within 15 calendar days or receipt of the proposed disposition of the complaint.
3.
If you fail to request a haaring, or if you fail to ask for a decision by the EDO without a hearing within 15 calendar days of receipt of the proposed disposition that disposition may become the final decision of the NRC.
4.
If you are dissatisfied with the NRC final decision, you may appeal to the Equal Employrent Opportunity Comission, Office of Review and Appeals, 2401 E Street, N.W., Washington, DC 20506. The time limits that govern the filing o# such appeal are found at 29 C.F.R. I 1613.233 which provides:
"(a) Except as provided in paragraph (b) of this section a complainant may file a notice of appeal any time up to 20 calendar days after receipt of the agency's notice of final decision on his or her complaint. An appeal shall be deemed filed on the date it is postmarked, or in the absence of a postmark, on the date it is received by the Comission. Any statement or brief in support of the appeal must be submitted to the Comission and to the defendant agency within 30 calendar days of filing the notice of appeal.
(b) The 20-day time limit within which a notice of appeal must be filed will not be extended by the Comission unless, based upon a written sta+ement by the complainant showing that he or she was not notified of the prescribed time limit and was not otherwise aware of it or that circumstances beyond his or her control prevented the filing of a Notice of Appeal within the prescribed time limit, the Comission exercises its discretion to extend the time limit and accept the Appeal."
5.
If you are dissatisfied with the NRC final decision, you have the additional option of filing a civil action in the U.S. District Coart.
Should you ultimately decide to do this, you should file suit as expeditiously as possible. In th'e event that you choose to file suit in an appropriate United States District Court, you may do so through your attorney. If you do not have an attorney, or are unable to obtain services of an attorney, you may take this notice to the United States District Court which may, in its discretion, appoint an attorney to represent you.
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SEP 18 150 5 Lisa A. Shea.
If you have any questions regarding the foregoing, please contact me or Mr. Edward E. Tucker on 492 7697.
Sincerelv, Original signed by W. B. Kerr i W. B. Kerr, Director Office of Small and Disadvantaged Business Utilization / Civil Rights cc:
N. E. Abrams, OELD E. E. Tucker, CRP S. R. Connelly, OIA Distribution:
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