ML24057A415

Appendices: No Fear Act - Notification of Employee Rights

ML24057A415
Person / Time
Issue date:	02/23/2024
From:	Christopher Hanson NRC/Chairman
To:	Ahuja K, Burrows C, Carper T, Comer J, Garland M, Harris K, Mary Johnson, Murray P, Peters G, Rodgers C US Dept of Justice (DOJ), US HR (House of Representatives), US Office of Personnel Mgmt (OPM), US SEN (Senate)
Shared Package
ML24057A411	List: ML24057A413 ML24057A414 ML24057A415
References
CORR-24-0021 YA-23-0015
Download: ML24057A415 (98)

Text

APPENDICES

APPENDIX 1:

No Fear Act - Notification of Employee Rights

United States Nuclear Regulatory Commission No Fear Act - Annual Notification of Employee Rights Announcement Category - Policy Reminder Management Directive #:10.161 ML#:ML23046A405 Yellow Announcement: YA-23-0015 Date: February 23, 2023 Expiration Date: July 22, 2027 TO: All NRC Employees

SUBJECT:

NO FEAR ACT - ANNUAL NOTIFICATION OF EMPLOYEE RIGHTS On May 15, 2002, Congress enacted the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). The Office of Small Business and Civil Rights (SBCR) wants to take this opportunity to provide U.S. Nuclear Regulatory Commission (NRC) employees with an annual notification of their rights in the workplace. The intent of the Act, then and now, is to reduce the incidences of workplace discrimination by holding the NRC accountable, and to reinvigorate its obligation to provide a work environment free from discrimination and reprisal (retaliation). As this information is made available to the general public, you can access the No FEAR Act data at: https://www.nrc.gov/about-nrc/civil-rights/crp/dca.html.

This policy notification provides a reminder to all NRC employees, former employees, and applicants for employment of the right to a workplace that is free from discrimination, harassment, reprisal (retaliation), and prohibited personnel practices, including reprisal for whistleblowing activities.

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 On January 1, 2021, Congress enacted the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 which amends the No FEAR Act. The Cummings Act increases Federal agencies accountability by requiring the following:

Section 207 Complaint Processing - Establishment of a system to track each complaint of discrimination arising and adjudicated through the Equal Employment Opportunity (EEO) process from the filing of a complaint with the Agency to resolution of the complaint, including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination.

Section 208 Notation in Personnel Record - If the Agency takes an adverse action against an employee for an act of discrimination (including retaliation), the Agency shall, after all appeals relating to that action have been exhausted, include a notation of the adverse action and the reason for the action in the personnel record of the employee.

Section 401 Processing and Resolution of Complaints - The Agency is responsible for the fair and impartial processing and resolution of complaints of employment discrimination (including retaliation).

Section 401 Processing and Resolution of Complaints - Establishment of a model Equal Employment Opportunity (EEO)

Program that:

Is not under the control, either structurally or practically, of the Agencys Office of Human Capital (OCHCO) or Office of the General Counsel (OGC);

Is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency; and Ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).

Section 402 No Limitation on Advice or Counsel - Nothing shall prevent an Agency or a subcomponent of an Agency, or the Department of Justice, from providing advice or counsel to employees of that Agency (or subcomponent, as applicable) in the resolution of a complaint.

Section 403 Head of Program Supervised by Head of Agency - The head of each Agencys Equal Employment Opportunity (EEO) Program shall report directly to the head of the agency.

Section 404 Referrals of Findings of Discrimination - Not later than 30 days after the date on which the Equal Employment Opportunity Commission (referred to in this section as the Commission) receives, or should have received, an Agency report, the Commission may refer the matter to which the report relates to the Office of Special Counsel if the Commission determines that the Agency did not take appropriate action with respect to the finding that is the subject of the report.

Antidiscrimination Laws and Reprisal The NRC cannot discriminate against an employee (current or former) or applicant for employment with respect to the terms, conditions, or privileges of employment on the basis of race, color, religion, sex (including sexual orientation, equal pay, gender identity and expressions, and pregnancy), national origin, age (40 years or older), disability (physical and/or mental), and genetic information (information about an individuals genetic tests or the manifestation of a disease or disorder in the individuals family members). The NRC is also prohibited from subjecting employees to reprisal (retaliation) for either participating in a protected activity or opposing practices made unlawful by relevant civil rights statutes and regulations. Discrimination on these bases is prohibited by one or more of the following statutes: 5 United States Code (U.S.C.) §2302(b)(1), 29 U.S.C. §206(d), 29 U.S.C. §631, 29 U.S.C. §633a, 29 U.S.C. §791, 42 U.S.C. §2000e-16, and 42 U.S.C. §2000ff-1, 29 U.S.C. §621. You can find more information about each of these statutes at https://www.nrc.gov/about-nrc/civil-rights/crp/eeo-statutes-regs.html.

Although not specifically listed under the No FEAR Act, and covered under other statutes or Agency policy, the NRC cannot discriminate against an employee with respect to the compensation, terms, conditions, or privileges of employment because of the employees marital status, parental status, political affiliation, or military service. Discrimination of these types are prohibited by NRCs Equal Employment Opportunity (EEO) Policy Statement.

It is the mission of SBCR to protect people by enabling the NRC to have a diverse and inclusive workforce, advance equal employment opportunities for employees and applicants for employment, and to provide a fair and impartial process throughout EEO complaint processing. It is the goal of SBCR to create a work environment free from discrimination, harassment, and reprisal (retaliation). If you believe you have been subjected to discrimination, harassment, retaliation and/or have knowledge of discriminatory or harassing behavior as a bystander, you are encouraged to initiate contact with the Office of Small Business and Civil Rights (SBCR) as soon as possible, but no later than 45 calendar days of the date of the alleged discriminatory event or in the case of a personnel action, within 45 calendar days of the effective date of the action. SBCR will promptly, fairly, and impartially process your EEO complaint of discrimination. Note: You may express interest in filing an EEO complaint by contacting SBCRs Civil Rights Team, the Agencys Collateral Duty EEO Counselors, SBCRs mailbox at EEOPrograms@nrc.gov, NRCs EEO eFile Portal, OCHCOs Anti-Harassment Policy, or the NRC and National Treasury Employees Union (NTEU) Collective Bargaining Agreement (CBA).

Any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both. Employees whose claims fall outside the scope of the EEO complaint process (i.e.,

claims that may not be brought before the EEOC) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (CBA Article 46, Grievance Procedures). See also 29 CFR 1614, Subpart C.

The Office of Special Counsel (OSC) is an independent agency that protects Federal employees from prohibited personnel practices, including unlawful hiring practices. If you believe you have been discriminated against based on marital status, parental status, or political affiliation, you may file a complaint with the U.S. Office of Special Counsel (www.osc.gov) online at https://osc.gov/Pages/File-Complaint.aspx.

Whistleblower Protection OSC also protects Federal employees from whistleblower retaliation. OSC also provides an independent, secure channel for disclosing and resolving wrongdoing in Federal agencies.

An employee with authority to take, direct others to take, recommend, or approve any personnel action must not use that authority to take (or fail to take) or threaten a personnel action against an employee or applicant because of disclosure of information that the employee reasonably believed to be a violation of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority, or a substantial and specific danger to public health or safety, unless such disclosure was specifically required by Executive Order to remain secret due to national security.

The NRC is prohibited from retaliating against a whistleblower employee because that individual exercised their rights under whistleblower protection laws (5 U.S.C. §2302(b)(8)). If you believe you have been the victim of retaliation for whistleblowing activities, you can contact the Office of the Inspector General at whistleblower_coordinator@nrc.gov or on (301) 415-1146. NRC encourages employees to review all the information on whistleblowing that may be found on the OCHCO Whistleblower/Anti-Discrimination webpage.

Disciplinary Actions Under the existing laws, the NRC retains the right to discipline, where appropriate, a federal employee who engaged in discriminatory or retaliatory conduct, up to and including removal from Federal service. If OSC has initiated an investigation, the NRC must seek approval from the Special Counsel to discipline any employee for any alleged prohibited activity under investigation or for any related activity under 5 U.S.C. §1214(f). There is no provision under the No FEAR Act that alters existing laws or permits the NRC to take unfounded disciplinary action against an employee or to violate the procedural rights of an employee who was accused of discrimination.

Please be sure to read this notice in its entirety and follow the links provided for additional information. If you should have any questions about this announcement, please feel free to contact SBCR at EEOPrograms@nrc.gov or by telephone on (301) 415-7380. As we stand together, lets continue to be a model employer by fostering an open and collaborative work environment thats free from discrimination, harassment, and reprisal.

/RA/

Vonna L. Ordaz, Director Office of Small Business and Civil Rights Management Directive

Reference:

MD 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program

APPENDIX 2:

Message from the Executive Director for Operations

Message from the Executive Director for Operations In order for the NRC to be most effective in our mission, we need to get the best from every member of the workforce. This requires ensuring we have a work environment free of discrimination and retaliation. The No FEAR Act helps us to do that.

If you are a new employee, welcome to the NRC. If you are taking this No FEAR Act training for the first time or are taking it as a refresher, I appreciate your full attention to this important topic. Whether you perform a corporate support or regulatory program function, the contribution each of you makes to our important safety and security mission is critical. As an agency, we are committed to providing employees with the tools and training needed to successfully achieve the agencys mission and sustain a work environment that empowers you to bring your best.

The No FEAR Act Training is one of those tools.

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (also known as, the No FEAR Act) took effect on October 1, 2003.

Every 2 years, Federal agencies are required to ensure that all employees are aware of their rights and responsibilities related to antidiscrimination and whistleblower protections.

At the NRC, we present this training because the law requires it, but more importantly because we believe that an informed and engaged workforce enables us to better accomplish our mission of protecting public health and safety and the environment. This training also supports our organizational values of integrity, service, openness, commitment, cooperation, excellence, and respect and our commitment to an environment that encourages individuals to raise concerns and differing views without fear of retaliation. These values reflect our aspirations for how the NRC will conduct its work, as well as how we treat each other and our stakeholders.

At the completion of this training, you should:

Be familiar with your rights and responsibilities under the No FEAR Act.

Know where to file a discrimination, retaliation, or whistleblower complaint, including allegations falling within the NRCs Policy for Preventing and Eliminating Harassing Conduct in the Workplace; and Have increased sensitivity to the importance of a discrimination and retaliation-free workplace and its role in our success.

I hope you find this training useful and ask you to help us build this positive environment at the NRC every day.

APPENDIX 3:

Equal Employment Opportunity (EEO) Policy Statement

United States Nuclear Regulatory Commission Equal Employment Opportunity Policy Statement Announcement Category - From the Chair ML#:ML23221A050 Yellow Announcement: YA-23-0052 Date: July 24, 2023 Expiration Date: July 25, 2028 TO:

All NRC Employees

SUBJECT:

UPDATED - EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I want to personally reaffirm my commitment to the U.S. Nuclear Regulatory Commission (NRC) staff by reemphasizing that you are its greatest strength; it is imperative that we continue to advance the principles of Equal Employment Opportunity (EEO) and eliminate unlawful discrimination, harassment, and retaliation in the workplace. Our collective efforts to embrace these principles will further instill a greater sense of belonging, creativity and innovation, and professional growth at the NRC.

The NRC must be a model employer for others in promoting diversity, equity, inclusion, accessibility, nondiscrimination, and equal access for all individuals across all our programs and activities and ensure that all employees will have the freedom to compete on a fair and leveled playing field. This can be done by continuing to demonstrate fairness, dignity, and respect for all our current and former employees, and applicants for employment, regardless of their race, color, religion, sex (including sexual orientation, gender identity and expressions, gender pay equity, and pregnancy), national origin, age, disability, marital status, parental status, political affiliation, military service, and genetic information. In addition, the NRC must uphold its values and be proactive in preventing employees and applicants for employment from being subjected to reprisal for participating in protected activities or opposing practices made unlawful by relevant civil rights statutes and regulations.

We must continue to be vigilant in cultivating a civil workplace that is free from discrimination and harassment by addressing and eliminating all forms of harassing behavior and misconduct, discrimination, and retaliation. In the pursuit of our desired culture, we must continue taking a holistic approach in changing lives and providing enhanced opportunities for all people by including underserved communities; people of color; women; members of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual+ community; parents; caregivers; people who require religious accommodations at work; persons with disabilities; first-generation professionals and college students; English language learners; immigrants; veterans; and military spouses.

All NRC employees shall comply and accept full responsibility and accountability for ensuring observance of all nondiscrimination laws and policies. We will safeguard EEO by taking prompt and appropriate action to enforce this policy when incidents involving workplace harassment and discrimination are brought to our attention. EEO covers all personnel and employment programs, management practices, and decisions, including, but not limited to, recruitment, hiring, merit promotions, transfers, reassignments, training and career development, benefits, and separations.

If you believe you have been subjected to discrimination, harassment, retaliation and/or have knowledge of discriminatory activity, you must initiate contact with the Office of Small Business and Civil Rights (SBCR) within 45 calendar days of the date of the alleged discriminatory event or in the case of a personnel action, within 45 calendar days of the effective date of the action. There are several ways you may express interest in filing an EEO complaint by contacting SBCRs Civil Rights Team, the Agency Collateral Duty EEO Counselors, SBCRs mailbox at EEOPrograms@nrc.gov, or NRCs EEO eFile. In addition, the Office of the Chief Human Capital Officer (OCHCO) administers the agencys Anti-Harassment Policy and information on reporting, investigating, and resolving allegations of harassment may be accessed through OCHCOs webpage.

Any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both. Employees whose claims fall outside the scope of the EEO complaint process (i.e., claims that may not be brought before the EEOC) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (Collective Bargaining Agreement Article 46, Grievance Procedures). See also Title 29 of the Code of Federal Regulations Section 1614, Federal Sector Equal Employment Opportunity, Subpart C, Related Processes. You can find additional information in the Collective Bargaining Agreement.

I am extremely grateful to you for your dedication and commitment to the mission of the NRC and to one another. As we stand together to make a difference, let us focus on acting with integrity and professionalism. Let us treat others the way we would like to be treated as we continue to be a model employer and modern, risk-informed regulator.

For additional information regarding NRCs Civil Rights Program for EEO Complaints and Related Matters, please visit the SBCR SharePoint site and/or contact Stephen Smith, Program Manager, Civil Rights Program, SBCR, (301) 415-0192.

/RA/

Christopher T. Hanson Chair Management Directive

Reference:

MD 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program, Directive Section I, Policy Other Resources:

Federal Sector Equal Employment Opportunity (EEO) Complaint Process Flowchart Update - Policy Guidance on the Use of Official Time in the Equal Employment Opportunity (EEO) Complaint Process

APPENDIX 4:

Equal Employment Opportunity Complaint Process

United States Nuclear Regulatory Commission Equal Employment Opportunity Complaint Process Policy Announcement Category - Policy Reminder ML#:ML23072A474 Yellow Announcement: YA-23-0024 Date: April 20, 2023 Expiration Date: July 22, 2027 TO:

All NRC Employees

SUBJECT:

Equal Employment Opportunity Complaint Process It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to foster Equal Employment Opportunity (EEO) and to build and maintain a positive workplace environment through open and collaborative communication and mutual respect. It is the NRCs goal to promote affirmative employment and diversity, equity, inclusion, and accessibility (DEIA) programs to prevent and eliminate unlawful discrimination, harassment, and reprisal in the workplace for employees and applicants based the Equal Pay Act, the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, and the Title II of the Genetic Information Nondiscrimination Act, in accordance with the U.S. Equal Employment Opportunity Commission (EEOC) Regulations at Title 29 of the Code of Federal Regulations (CFR) Part 1614.

The Office of Small Business and Civil Rights (SBCR), as delegated by the Chair of the NRC, administers the agencys EEO program and activities and provides for prompt, fair, and impartial processing of employment discrimination complaints and other complaints filed under applicable nondiscrimination laws and regulations. The NRC ensures that the workplace is diverse, inclusive, and free from unlawful discrimination, harassment, and/or reprisal. The NRC provides for equal opportunity and access for all regardless of race, religion, color, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, family medical history, genetic information, or prior EEO activity.

In addition, and although not specifically enforced by the EEOC, the NRCs EEO Policy prohibits discrimination, harassment, and/or reprisal of employees based on the employees marital status, parental status, political affiliation, or military service. Because these bases are not protected by the EEOC, the NRC may refer the complaint to another agency, or the employee may not have hearing/appeal rights.

If you believe you have been subjected to discrimination, harassment, reprisal, and/or have knowledge of discriminatory activity, you must initiate contact with the SBCR within 45 calendar days of the date of the alleged discriminatory event or in the case of a personnel action, within 45 calendar days of the effective date of the action.

Please note that you may express interest in filing an EEO complaint by contacting SBCRs Civil Rights Team, a Collateral Duty EEO Counselor, or file electronically using NRCs EEO eFile.

The Office of the Chief Human Capital Officer (OCHCO) administers the agencys Anti-Harassment Policy. Information on reporting, investigating, and resolving allegations of harassment may be accessed through OCHCOs webpage. Additionally, any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both.

Employees whose claims fall outside the scope of the EEO complaint process (i.e., claims that may not be brought before the EEOC) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (CBA Article 46, Grievance Procedures). See also 29 CFR 1614, Subpart C. You can find additional information in the Collective Bargaining Agreement (CBA).

If you have any questions regarding this process, please contact SBCR at EEOPrograms@nrc.gov or by telephone at (301) 415-7380. As we stand together, lets continue to be a model employer by fostering an open and collaborative work environment thats free from discrimination, harassment, and reprisal.

/RA/

Vonna L. Ordaz, Director Office of Small Business and Civil Rights Management Directive

Reference:

MD 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program Equal Employment Opportunity (EEO) Policy Statement issued under YA-22-0055 dated July 18, 2022 Federal Sector Equal Employment Opportunity (EEO) Complaint Process Flowchart Update - Policy Guidance on the Use of Official Time in the Equal Employment Opportunity (EEO) Complaint Process issued under YA 0010 dated February 15, 2023 Alternative Dispute Resolution Program for Equal Employment Opportunity Complaints and Related Issues issued under YA-22-0068 dated August 23, 2022

APPENDIX 5:

Alternative Dispute Resolution (ADR) Policy Statement

United States Nuclear Regulatory Commission Alternative Dispute Resolution Program for Equal Employment Opportunity Complaints and Related Issues Announcement Category - From the Chair ML#: ML23124A399 Yellow Announcement: YA-23-0038 Date: June 5, 2023 Expiration Date: June 5, 2028 TO: All NRC Employees

SUBJECT:

ALTERNATIVE DISPUTE RESOLUTION PROGRAM FOR EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND RELATED ISSUES I want to reaffirm the U.S. Nuclear Regulatory Commissions (NRC) commitment to promoting and sustaining an environment that works towards preventing and resolving workplace disputes and conflicts in a non-adversarial manner for all employees. The NRC continues to establish and implement policies that strive to prevent workplace disputes and conflicts whenever possible by employing the principles of Alternative Dispute Resolution (ADR) to achieve consensual resolution in conflict situations. The use of ADR helps to foster a collaborative organizational culture in which all employees are recognized, valued, and treated with dignity and respect.

The Alternative Dispute Resolution Act of 1996 authorizes and strongly encourages Federal agencies to use ADR as a preferred option in making reasonable efforts to actively resolve workplace disputes and conflicts. By utilizing a variety of problem-solving techniques, ADR aims to prevent and resolve workplace disputes and conflicts in an amicable, fair, and timely manner. The ADR process emphasizes cooperation and incorporates techniques such as facilitated discussions, coaching, conciliation, negotiation, and mediation--the most commonly used method at the NRC--to help rebuild trust between all parties involved.

While workplace disputes and conflicts may be addressed through the Equal Employment Opportunity (EEO) complaint process, the grievance process, and other forums, the NRC fully supports and encourages senior leaders, managers and supervisors, and employees to use ADR as a voluntary option to prevent and minimize the escalation of disputes and conflicts at the earliest and lowest possible level. The ADR process encourages open lines of communication, promotes organizational effectiveness, provides confidentiality, supports productivity and

accountability, improves engagement and morale, and fosters equal opportunity and diversity, equity, inclusion, and accessibility in the workplace. Let us continue to promote the use of ADR in conflict situations to better maintain a positive, safe, and healthy work environment where all employees can feel empowered to express their true authentic selves and differences of opinion.

Any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both. Employees whose claims fall outside the scope of the EEO complaint process (i.e., claims that may not be brought before the Equal Employment Opportunity Commission) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (Collective Bargaining Agreement Article 46, Grievance Procedures). See also Title 29 of the Code of Federal Regulations Part 1614, Federal Sector Equal Employment Opportunity, Subpart C, Related Processes.

For additional information regarding the NRCs ADR Program for EEO Complaints and related issues, please go to SBCR's web page and/or contact Rhonda Dorsey, ADR Program Coordinator, Office of Small Business and Civil Rights, on (301) 415-2254.

/RA/

Christopher T. Hanson Chair Management Directive

Reference:

MD 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program, Handbook Section I.B Related Guidance:

Federal Sector Equal Employment Opportunity (EEO) Complaint Process Flowchart Update - Policy Guidance on the Use of Official Time in the Equal Employment Opportunity (EEO) Complaint Process U.S. Nuclear Regulatory Commission Alternative Dispute Resolution (ADR) Program Manual, dated October 25, 2019

APPENDIX 6:

Diversity, Equity, Inclusion, and Accessibility Policy Statement

United States Nuclear Regulatory Commission Diversity, Equity, Inclusion, and Accessibility Policy Statement Announcement Category - Policy Management Directive #:10.161 ML#:ML23030B827 Yellow Announcement: YA-23-0008 Date: February 10, 2023 Expiration Date: July 22, 2027 TO: ALL NRC Employees

SUBJECT:

DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY POLICY STATEMENT It is my strongly held view, and the policy of the U.S. Nuclear Regulatory Commission (NRC), that acceptance and incorporation of diversity, equity, inclusion, and accessibility (DEIA) principles in our day-to-day management and work is critical to upholding our agencys mission. NRC employees must consider DEIA in all Agency operations and maintain a work environment free from discriminatory harassment and intimidation. Diversity and inclusion efforts are paramount to achieving our Agencys desired culture and represent the best of who we are at the NRC.

Executive Order (EO) 13583, Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workplace, provides that the Federal Government serve as a model of equal opportunity. It is my expectation that the NRC workforce uphold a strong commitment to equal opportunity for all employees and job applicants and that this expectation be clearly communicated and emphasized at all levels.

The NRCs culture is based on fostering an open and collaborative work environment, such that all members of the workforce feel able to participate fully in carrying out the NRCs important regulatory responsibilities and raise concerns without fear of reprisal or retaliation. The NRC is focusing on efforts to share the principles of diversity and inclusion through training and related activities

intended to provide awareness of, and appreciation for, different backgrounds, experiences, cultures, views, and abilities. An ideal workforce is an inclusive workforce, supported by an Agency that draws on the creativity and innovation produced by employees with diverse perspectives, approaches, and thoughts. To fully accomplish our important safety and security mission and address the challenges we face, it is imperative that we not only encourage, but welcome, all views to be openly shared and considered as we make significant regulatory decisions.

As Chair, I am committed to advancing the principles of diversity and inclusion throughout the NRC. I encourage all employees to thoughtfully consider how to best support the NRC's Inclusive Diversity Strategic Plan. For more information on NRCs expectations, staff may reference Management Directive 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program, Handbook Section II, Affirmative Employment and Diversity Management (AEDM) Program.

Thank you for your commitment to the Agencys diversity and inclusion policy, upholding the ideals of selfless public service, for bringing your whole selves to work every day, and for everything you do to uphold our mission to protect the American public.

/RA/

Christopher T. Hanson Chair MD

Reference:

Management Directive 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program, Handbook Section II, Affirmative Employment and Diversity Management (AEDM) Program.

APPENDIX 7:

Antiharassment Policy Statement

United States Nuclear Regulatory Commission

Subject:

Nuclear Regulatory Commission Policy for Preventing and Eliminating Harassing Conduct in the Workplace Announcement Category Policy ML #

ML22068A208 Yellow Announcement: YA-22-0024 Date: March 10, 2022 Expiration Date: March 10, 2027 TO: All NRC Employees

SUBJECT:

NUCLEAR REGULATORY COMMISSION POLICY FOR PREVENTING AND ELIMINATING HARASSING CONDUCT IN THE WORKPLACE I am pleased to inform you that the Office of the Chief Human Capital Officer (OCHCO) has updated its policy statement on harassment in the workplace.

Under the updated policy, the verbiage within the policy has been changed to be gender neutral. The updated policy language further states that within 10-calendar days of receiving an allegation under this Policy, the alleged harassee will be provided a Notice of Rights form, defines the Notice of Rights form, and updates the responsibilities of agency supervisors and managers to include the requirement to immediately report allegations of harassment to the Designated Official. The updated policy likewise states that where the inquiry establishes that an employee did engage in harassing conduct under this Policy, the U.S. Nuclear Regulatory Commission (NRC) will take immediate and appropriate corrective action, whenever it finds that harassment has occurred.

Although the policy and procedures have been updated, its purpose remains the same: to maintain an NRC work environment that is free from harassing conduct. The policy still provides specific procedures for reporting, investigating, and resolving allegations of harassment.

The NRC believes that it is all employees shared goal to maintain a work environment that is positive, promotes professional and cooperative working relationships, and fosters trust and respect among employees. Employees must be aware of their rights and responsibilities in maintaining a work environment that is free from harassing conduct.

The Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace can be found on the OCHCO Web site at https://drupal.nrc.gov/ochco/catalog/293.

OCHCO has also updated the online training course that is available for all staff, NRCs Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace (Anti-Harassment Training), which provides further details on the policy and procedures.

We encourage all NRC employees to review this policy and take this training.

Mary A. Lamary /RA/

Chief Human Capital Officer Management Directive

Reference:

MD 10.99, Discipline and Adverse Actions, Handbook Part III

APPENDIX 8:

Antiharassment Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace

Nuclear Regulatory Commission Anti-Harassment Policy and Procedures for Preventing and Eliminating Harassing Conduct in the Workplace

[Preventing and Eliminating Harassing Conduct in the Workplace Reference Sheet]

I.

Purpose This Policy is intended to ensure that the Nuclear Regulatory Commission (NRC) takes appropriate action to accomplish the following:

Prevent sexual harassment and other forms of harassing conduct based on age, color, disability, gender expression, gender identity, genetic information, national origin, pregnancy, race, religion, sex, sexual orientation, and retaliation for engaging in protected Equal Employment Opportunity (EEO) activity in the workplace.

Ensure that employees, supervisors, and managers are aware of their rights and responsibilities in maintaining a work environment that is free from harassing conduct and the options available for reporting claims of harassing conduct.

Provide a prompt, fair, thorough and impartial process for reviewing allegations of harassing conduct as defined in this Policy.

Correct harassing conduct, as defined in this Policy; and Administer corrective action, which may include disciplinary action, to any employee who violates this, Policy.

II. Relationship to Other Processes The procedures in this Policy are separate and apart from any complaint process provided by statute, including the Equal Employment Opportunity (EEO) complaint process administered by the Office of Small Business and Civil Rights (SBCR), as well as any complaint process provided by the collective bargaining agreement (CBA) or other agency policies involving harassment and retaliation. Furthermore, this Policy does not alter the right of an employee to report harassing conduct to the Office of the Inspector General (OIG) or to file a complaint with SBCR.

It should be noted, however, that reporting harassment under this Policy does not satisfy or delay the applicable time limits for initiating an EEO complaint, a union grievance or any other administrative or statutory complaint process.

III. Authorities

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-16 (Title VII); the Age Discrimination in Employment Act of 1967, 29 U.S.C. 633a (ADEA); the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; the Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff et seq., Executive Order (E.O.) 11478, as amended by Executive Order 13087, May 28, 1998; Equal Employment Opportunity Commissions (EEOC) Model EEO Programs Must Have An Effective Anti-Harassment Program (2005); EEOCs Manual Directive 715 (2003);

EEOCs Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999); Bostock v. Clayton County, 590 U.S. (2020); Faragher v. Boca Raton, 514 U.S. 775 (1998); and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

IV. Definitions For purposes of this Policy, harassing conduct is defined as any unwelcome verbal, visual, physical or other conduct (whether or not of a sexual nature) based on age, color, disability, gender expression, gender identity, genetic information, national origin, pregnancy, race, religion, sex, sexual orientation, or retaliation for participation in protected EEO activities. To constitute harassing conduct under this Policy, one of these two conditions must be present:

1. The behavior reasonably can be considered to affect the work environment adversely; or

2. An employment decision affecting the employee is based upon the employees acceptance or rejection of such conduct.

Examples of unwelcome prohibited conduct under part 1 of the definition include but are not limited to: offensive remarks or comments; ridicule; offensive and derogatory words, phrases, epithets, or jokes; suggestive comments and unwelcome requests for sexual favors; exposure to offensive photographs, explicit drawings, cartoons, e-mails, or other electronic transmissions; unwelcome touching; pinching; grabbing; gesturing; or stalking.

Examples of unwelcome prohibited conduct under part 2 of the definition include but are not limited to: promoting or not promoting an employee; taking or not taking a personnel action affecting the employees conditions of employment based on the employee accepting a date or sexual favor.

Generally, this Policy does not consider all rude, uncivil, or disrespectful behavior in the workplace to be harassing conduct, nor does it typically consider a supervisor performing their management duties to be engaging in harassing conduct (e.g., performance managing employees, issuing disciplinary actions, tracking leave and attendance, or enforcing compliance with rules, regulations, agency policy, procedures, and practices).

V. Policy It is the Policy of the NRC that harassing conduct by anyone in the workplace is unacceptable and will not be condoned. NRC will maintain a work environment free from the harassing conduct described above. The NRC has determined that the most effective way to maintain such a work environment is to inquire into allegations of harassing conduct and, if substantiated treat the offense as misconduct, and determine appropriate corrective action to address the behavior, even if the behavior is not sufficiently severe or pervasive to constitute discriminatory harassment actionable under the civil rights laws.

The current EEO complaint process provides employees specific remedies for unlawful harassment that has already occurred. This NRC Policy, however, is focused on stopping harassing conduct at its earliest stage. A hostile environment that violates EEO law usually requires a showing of a pattern of offensive conduct. Under this Policy, however, the NRC will not wait, nor should the employee wait, for such a pattern to emerge. The NRC will, where possible, act to stop and correct harassing conduct before it becomes unlawful; that is, before it becomes so pervasive or severe as to create an unlawful hostile work environment. Accordingly, the NRC encourages all employees to report any incident of harassing conduct forbidden by this Policy immediately so that complaints can be resolved quickly and fairly. If the NRC is not made aware of harassing conduct, it cannot stop it.

In addition, NRC will not tolerate retaliation against any employee who makes a good faith report of harassing conduct under this Policy or any other policy or procedure, or for assisting in any inquiry about such a report. Allegations of retaliation will be handled in accordance with the procedures outlined in this Policy.

Allegations of harassing conduct will be addressed as promptly as possible. Employees found to have violated this Policy will be held accountable for their actions and may be appropriately disciplined in accordance with the applicable NRC policies and 5 U.S.C. Chapter 75.

VI. Roles and Responsibilities A. Agency Employees Each agency employee is responsible for creating and maintaining a work environment that is free from harassing conduct and is expected to do the following:

1. Be familiar and comply with the requirements of the Anti-Harassment Policy and Procedures.

2. Refrain from engaging in harassing conduct.

3. Promptly report any alleged incident of harassing conduct in accordance with the Procedures in Section VII.; and

4. Timely and fully cooperate with any inquiry conducted under this Policy, this includes maintaining confidentiality.

B. Managers and Supervisors In addition to the requirements in A. above, each agency manager and supervisor is responsible for the following activities:

1.

Immediately report allegations of harassment to the DO.

2.

Handling allegations of harassing conduct promptly and appropriately in accordance with the proceduresSection VIII.;

3.

Implementing interim measures to protect alleged victims of harassing conduct pending the outcome of the inquiry and to ensure that further alleged misconduct does not occur.

4.

Administering appropriate corrective action, including disciplinary action, to employees under their supervision who engage in harassing conduct or who do not carry out their responsibilities under this Policy.

5.

Taking action to prevent retaliation against individuals who make good faith reports of an allegation of harassing conduct or participate in any inquiry into an allegation of harassing conduct; and

6.

Consulting with the agency Designated Official (DO) with respect to all appropriate actions under items B.1.

through 4. above.

C. Chief Human Capital Officer (CHCO), Office of the Chief Human Capital Officer (OCHCO)

The CHCO is responsible for the following actions:

7.

Developing this Anti-Harassment Policy and Procedures, and any related forms, guidance, or informational materials deemed appropriate.

8.

Providing advice, technical assistance, and support to managers, supervisors, employees, and others, as needed, regarding this Policy.

9.

Ensuring that employees are informed of this Policy and the procedures to follow in connection with reporting harassing conduct by disseminating this Policy statement periodically to all employees and posting it on the NRC website.

10.

Ensuring that managers, supervisors, and employees are provided training on this Policy.

11.

Identifying the DO; and

12.

Ensuring that the identity of the DO is prominently displayed throughout the agency and on the NRC intranet and the identities of the Regional Personnel Officers are prominently displayed in the Regions.

D. Agency Designated Official

13.

Assisting the CHCO in ensuring that employees are informed of this Policy and the procedures in connection with reporting harassing conduct.

14.

Receiving allegations of harassing conduct reported in accordance with Section VII., below.

15.

Determining whether an allegation falls within the jurisdiction of this Policy or otherwise interpreting and implementing this Policy.

16.

Referring allegations covered by the Agencys Policy to the Office of the Inspector General (OIG) for possible investigation.

17.

Conducting or overseeing fair and impartial inquiries into any allegation of harassing conduct, where appropriate.

If the OIG decides not to make an inquiry on a referral received under this Policy, the DO has the authority to

determine who will conduct the inquiry into any allegation of harassing conduct, including him/herself.

18.

Advising managers and supervisors on implementing interim measures to protect against further alleged incidents pending the outcome of the inquiry and to ensure that further harassing conduct does not occur; Interim measures are meant to protect the alleged victim, the alleged harasser, and management from further allegations or incidents.

19.

As appropriate, imposing interim corrective measures to immediately stop potential harassing conduct. Such corrective action will be undertaken within 60-calendar days of receiving notice of harassment allegations.

20.

Advising managers and supervisors on administering appropriate corrective action, including disciplinary action, to employees who engage in harassing conduct or who do not carry out their responsibilities under this Policy.

21.

Advising managers and supervisors on taking action to prevent retaliation against individuals who report alleged harassing conduct or participate in any inquiry into an allegation of harassing conduct.

22.

Deciding whether to arrange for mediation services to resolve a dispute arising under this Policy. Mediation services may be offered from a variety of sources including the DO, the Federal Mediation and Conciliation Service, Office of Small Business and Civil Rights (SBCR), a contract mediator, and the HHS Sharing Neutrals Program.

23.

Providing technical assistance and support, to ensure compliance with this Policy.

24.

Maintaining records of all allegations of harassing conduct brought under this Policy in accordance with the Privacy Act 5 U.S.C. 552a; and

25.

Informing all persons reporting allegations that filing a report of harassing conduct under this Policy does not satisfy the requirements to initiate an EEO complaint, a Merit Systems Protection Board (MSPB) appeal or a grievance; nor does it delay the time limits for initiating those procedures.

E. Director, Office of Small Business and Civil Rights (SBCR)

The Director, SBCR is responsible for the following actions:

26.

Processing any EEO complaint of discrimination filed under 29 CFR pt. 1614.

27.

Providing technical assistance and support, to assure compliance with this Policy.

28.

Assisting the CHCO in ensuring that employees are informed of this Policy and the procedures in connection with reporting harassing conduct.

29.

Assisting the CHCO and DO in providing training under this Policy; and

30.

Informing the DO of allegations of harassing conduct, to the extent permitted by law and EEO regulation.

F. Office of the Inspector General (OIG)

The OIG is responsible for:

31.

Cases referred from the DO: for allegations that it decides to investigate, OIG will conduct an appropriate investigation; if substantiated, OIG will refer the findings of the investigation to NRC management for appropriate action.

32.

Cases not referred from the DO:

A. For allegations that it decides to investigate, the OIG will conduct an appropriate investigation; if substantiated, the OIG will refer the findings of its investigation to NRC management for appropriate action.

B. For cases it decides not to investigate, the OIG will refer the matter to the DO for action, if any; and C. For record keeping purposes, at the end of any investigation, the OIG will report allegations of harassing conduct to the DO.

33.

For all cases in which the OIG conducts an investigation into harassment allegations of misconduct, the OIG will report situations which it determines warrant prompt NRC management action to the DO.

G. Reporting Harassing Conduct The procedures for reporting harassing conduct are as follows:

A.

Any NRC employee who believes that they have been the subject of an incident of harassing conduct or who has witnessed harassing conduct and/or retaliation in violation of this Policy should immediately report the incident to anyone in his/her management chain, to the DO, or other NRC official such as an EEO or HR Specialist. The Agency official is then responsible for reporting the matter to the DO. All NRC managers and supervisors are required to immediately report allegations of harassment to the DO. All NRC employees may also report any incident of harassing conduct to the OIG via the OIG hotline.

B.

The employee reporting such conduct will be asked to provide details of the incident(s), including but not limited to what occurred, when the incident(s) occurred, name of the alleged harasser and names of any witnesses. Once a report of

harassing conduct is made under this Policy, the agency has a duty to conduct an inquiry where appropriate, stop harassing conduct if found, and to take appropriate action, including disciplinary action.

C.

Nothing in this Policy is intended to discourage an employee from telling the alleged harasser to stop the harassing conduct.

D.

Nothing in this Policy is intended to require that an employee communicate with the alleged harasser.

E.

Nothing in this Policy affects the right of an individual to contact the OIG regarding alleged harassing behavior; nor does it affect the right of an individual to participate in the EEO complaint process, file an appeal with the MSPB, an agency administrative grievance, or for bargaining unit employees, initiate a grievance under the NRC-NTEU CBA. Filing a report of harassing conduct under this Policy does not satisfy the requirements associated with any complaint, appeal or other statutory or regulatory process that may apply, nor does it delay the time limits for initiating those procedures.Section XI. provides further information on statutory and collective bargaining claims; and F.

All information will be maintained in compliance with the Privacy Act, 5 U.S.C. 552a, as stated in Section X. of this Policy.

H. Conducting an Inquiry A.

A supervisor or manager who receives an allegation or witnesses harassing conduct shall immediately:

1.

Inform the DO of the allegation.

2.

In consultation with the DO, take appropriate action to stop any potentially harassing conduct and prevent further alleged incidents while the allegations are being investigated, (i.e., providing appropriate interim measures); and

3.

Document the allegation received or witnessed and their efforts to address it.

B.

When the DO receives an allegation of harassing conduct, either directly from the complainant; through a supervisor, manager, or from other sources, the DO will take the following actions:

1.

Begin the initial inquiry within 10-calendar days of receiving an allegation under this Policy, by sending the alleged harassee a Notice of Rights2 form and scheduling the initial intake interview.

2.

After initial intake, determine if the allegation falls within the scope of the Agencys Policy. If the allegations fall within the Agencys Policy, refer the allegation to the OIG for possible OIG investigation.

3.

If OIG declines investigation, the DO will ensure that a vigorous, impartial and appropriate inquiry is conducted and designate the person(s) who will conduct such an inquiry. (This inquiry may be conducted by the DO, the supervisor, an outside contractor, or any other impartial individual delegated this responsibility by the DO); and

4.

Contact appropriate agency officials in the alleged harassers chain of command who are not involved in the allegations of harassment and recommend appropriate action to stop any harassing conduct and prevent further harassing conduct while the allegations are being addressed, (i.e., providing appropriate interim measures).

C.

The inquiry will consist of appropriate fact-finding in order to obtain the information relevant to the allegation. As part of the inquiry, the complaining employee may be interviewed regarding the basis of the allegations. Additionally, the alleged harasser as well as other witnesses who may have knowledge of the circumstances of the allegations may also be interviewed. The determination as to the appropriate steps to be followed during the inquiry will be determined by the person conducting the inquiry with oversight by the DO. All individuals contacted in the course of an inquiry will be advised that any retaliation or reprisal against an individual who is an alleged target of harassing conduct, who has made a complaint under this Policy, or who has provided information in connection with a complaint, constitutes a separate violation of this Policy. The inquiry will be completed promptly absent extenuating circumstances.

D.

An inquiry is a neutral, fact-finding process needed to determine whether harassing conduct has occurred. An inquiry shall not, in and of itself, be construed as evidence that the allegations of harassing conduct are true.

E.

The DO, or the individual the DO has designated to conduct the inquiry, shall determine whether sworn declarations will be taken.

F.

When an inquiry by management discloses new, significant information regarding allegations of misconduct by management or employees, the OIG will be notified of these additional facts and provided an opportunity to assume jurisdiction over the matter. However, this is not intended to preclude NRC management from taking appropriate immediate action to carry out its responsibilities to maintain a safe and orderly workplace or to otherwise protect agency interests associated with this Policy.

G.

Upon completion of the inquiry, the individual conducting the inquiry will prepare a written report summarizing the inquiry.

The report will be prepared promptly after completion of the inquiry. The report, along with the documentation compiled during the inquiry, will be provided to the DO (if they did not conduct the inquiry). The report will also generally be provided to the first level supervisor of the alleged harasser, unless such supervisor is involved in the allegation. In this situation, the report will be provided to the lowest level supervisor/manager in the alleged harassers chain of command who is not a subject of the inquiry.

H.

All information will be maintained on a confidential basis to the greatest extent possible and in compliance with the Privacy Act, 5 U.S.C. 552a, as stated in Section X. of this Policy.

I.

Action To Be Taken Upon Completion of The Inquiry A.

Upon completion of the inquiry, both the alleger and the alleged harasser will receive Inquiry Outcome Notice documents informing them that either a violation of the Agencys Policy was or was not found to have occurred.

B.

The appropriate manager or supervisor will receive the report of inquiry.

C.

Upon receipt of the report of inquiry, the appropriate supervisor/manager will promptly evaluate the information and

determine the appropriate action, if any. This responsibility normally will rest with the first line supervisor of the employee alleged to have engaged in the harassing conduct unless such supervisor is involved in the allegation. The supervisor/manager should consult with the servicing Labor and Employee Relations Specialist, OCHCO, and the Office of General Counsel as needed to determine the appropriate action.

D.

Where the inquiry establishes that an employee did engage in harassing conduct under this Policy, the NRC will take immediate and appropriate corrective action which will be initiated within 60-calendar days. Further, the harassing employee may be subject to appropriate disciplinary action in accordance with all applicable authorities, including 5 U.S.C. Chapter 75.

E.

Where the inquiry establishes that a supervisor or manager did not properly carry out the responsibilities under this Policy, they will be subject to appropriate corrective action, which may include disciplinary or otherwise, in accordance with all applicable authorities, including 5 U.S.C. Chapter 75.

F.

The DO will notify the OIG and may, if appropriate, notify SBCR of the substantiated, what corrective action was taken; and any other action taken to address the matter.

J. Confidentiality The maintenance of records and disclosures of information from records shall be in complete compliance with the Privacy Act, 5 U.S.C.

552a. All information obtained under this Policy, including but not limited to, reports of harassing conduct, will be maintained confidentially to the greatest extent possible. Such information, however, may be required to be disclosed in connection with proceedings resulting from the harassing conduct, (e.g., disciplinary action). Further, information may need to be disclosed to those officials and employees within the agency with a need to know or as necessary to carry out the purpose and intent of this Policy.

K. Statutory and Collective Bargaining Claims This Policy is in addition to statutory and collective bargaining prohibitions [NRC-NTEU CBA, Article 2] against harassment and the procedures and remedies they provide for addressing unlawful harassment. Filing a report of harassing conduct under this Policy does not satisfy the requirements to initiate any complaint, appeal or other statutory or regulatory process that may apply, nor does it delay the time limits for initiating those procedures. An employee who chooses to pursue statutory or collective bargaining remedies for unlawful harassment must:

1.

Initiate the EEO complaint process pursuant to 29 C.F.R. 1614 §105 by contacting an EEO counselor in the SBCR within 45-calendar days from the date of the alleged harassment (or personnel action if one is involved); or

2.

File a grievance under the CBA, Article 46 or agency grievance procedure; or

3.

File an appeal to the MSPB within 30-days of an appealable action as defined in 5 C.F.R. §1201.3.

4.

If an employee pursues a claim of harassment through the formal EEO process (including EEO counseling), an MSPB

appeal, a union grievance, or an administrative grievance, the agency official who receives the information about such a claim will promptly notify the DO, unless inconsistent with applicable requirements. Because the agency has an obligation to comply with the terms of this Policy regardless of whether a statutory or collective bargaining procedure has been invoked, the DO will promptly initiate an inquiry into the matter, if appropriate, and if a management official has not already done so. Similarly, the DO will provide the Office handling the statutory or collective bargaining claim the record of actions taken under this Policy.

APPENDIX 9:

Preventing and Eliminating Harassing Conduct in the Workplace Reference Sheet

PREVENTING AND ELIMINATING HARASSING CONDUCT IN THE WORKPLACE Harassing conduct in the workplace is unacceptable and will not be condoned!

Link to NRC Policy: https://usnrc.sharepoint.com/sites/ochco-hub/PDF/Harassment/eliminating-harassment.pdf If you believe that you have been subject to, or witnessed, harassing behavior based on: age, color, disability, gender expression, gender identity, genetic information, national origin, pregnancy, race, religion, sex, sexual orientation, and retaliation for engaging in protected Equal Employment Opportunity (EEO) activity in the workplace you should:

Report it to:

Your Supervisor or Manager; or Shirleta Washington, OCHCO, 301-415-6194 (Designated Official); or Your Regional HR Representative, if applicable.

Be prepared to provide specific details: who, what where, when and the names of any witnesses; Cooperate fully in the inquiry into the alleged harassment.

If you believe you have been retaliated against for reporting possible harassing conduct - report it immediately.

2023 Reference Sheet

Page 1 of 98 APPENDIX 10:

Whistleblower Protection - Notification of Employee Rights

Page 2 of 98 United States Nuclear Regulatory Commission

Subject:

Annual Notice of Whistleblower Protections Available to Federal Employees Announcement Category - Policy ML #ML21111A320 Yellow Announcement: YA-21-0036 Date: May 3, 2021 Expiration Date: May 3, 2026 TO: All NRC Employees

SUBJECT:

ANNUAL NOTICE OF WHISTLEBLOWER PROTECTIONS AVAILABLE TO FEDERAL EMPLOYEES The purpose of this memorandum is to ensure that all U.S. Nuclear Regulatory Commission (NRC) employees are informed of certain whistleblower rights and remedies available to them with respect to prohibited personnel practices.

The Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 provide the right for all covered Federal employees to make whistleblower disclosures and to ensure that employees are protected from whistleblower retaliation. The Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 and the U.S. Office of Special Counsel (OSC) Reauthorization Act of 2017 further enhanced and reinforced these rights and protections.

The NRC does not tolerate whistleblower retaliation or any other prohibited personnel practice. All employees have an important role to play in promoting an environment in which employees feel free to raise workplace concerns without fear of reprisal or retaliation. Federal employees have the right to be free from prohibited personnel practices, including retaliation for whistleblowing. The NRC is committed to making sure that all employees are aware of their rights, as well as the safeguards that are in place to protect them.

OSC is an independent agency that protects Federal employees from prohibited personnel practices, including whistleblower retaliation and unlawful hiring practices. OSC also

Page 3 of 98 provides an independent, secure channel for disclosing and resolving wrongdoing in Federal agencies.

Whistleblowing is defined as the disclosure of information that an employee reasonably believes evidences a violation of any law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; a substantial and specific danger to public health or safety; or censorship related to scientific research or analysis. Employees may make lawful disclosures to anyone, including, for example, management officials, the Inspector General of an agency, and/or OSC. Employees can find OSC posters on whistleblowing on the Office of the Chief Human Capital Officer (OCHCO) page.

The OCHCO page includes specific information on the following:

"Whistleblowing: Defines a whistleblower as someone who discloses information that they reasonably believe evidences a violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; an abuse of authority; a substantial and specific danger to public health or safety.

Whistleblower Retaliation: Asks, What is whistleblower retaliation? A Federal employee authorized to take, direct others to take, recommend or approve any personnel action may not take, fail to take, or threaten to take any personnel action against an employee because of protected whistleblowing. Cites an example. Defines protected whistleblowing.

Prohibited Personnel Practices (PPPs): Lists 14 prohibitions, including:

whistleblower retaliation; discrimination for engaging in conduct unrelated to work performance, such as discrimination based on gender identity or sexual orientation; and hiring and promotion offenses that offend the merit system.

5 U.S.C. § 2302(b)(1)(b)(14).

The Hatch Act: Permitted and Prohibited Activities for Most Federal Employees (poster): Lists permitted and prohibited activities for employees who may engage in partisan activity.

OCHCO encourages employees to review all the information on whistleblowing that may be found on the OCHCO page. Additional information about OSCs services can be found on the OSC Web site. If you have any questions or need additional information, please contact the agencys Whistleblower Protection Coordinator on 301-415-1146 or by e-mail to Whistleblower Coordinator@nrc.gov.

Mary A. Lamary /RA/

Chief Human Capital Officer Management Directive

Reference:

MD 10.99 - Discipline and Adverse Actions

Page 4 of 98 APPENDIX 11:

Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns Policy Statement

Page 5 of 98 United States Nuclear Regulatory Commission POLICY AND PROCEDURES FOR ADDRESSING ALLEGATIONS OF RETALIATION FOR RAISING SAFETY CONCERNS (ARRSC)

Announcement Category - Policy Yellow Announcement: YA-20-0087 Date: November 5, 2020 Expiration Date: November 5, 2025 TO: All NRC Employees

SUBJECT:

POLICY AND PROCEDURES FOR ADDRESSING ALLEGATIONS OF RETALIATION FOR RAISING SAFETY CONCERNS The U.S. Nuclear Regulatory Commission (NRC) is committed to maintaining a high standard of conduct in the workplace in addition to providing a work environment free from retaliation of any kind, in particular for raising safety concerns under either Management Directive 10.158, NRC Non-Concurrence Process, (NCP), and/or Management Directive 10.159, NRC Differing Professional Opinion Program (DPO). Retaliation shall not be tolerated as it impedes the overall accomplishment of the NRC mission and the efficient operation of Federal service.

I am pleased to inform you of the establishment of the Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns (ARRSC). Nothing in this new process precludes an employee from using other forms of review, including but not limited to filing a grievance, Merit Systems Protection Board (MSPB) appeal, complaint with the Office of Special Counsel, or Equal Employment Opportunity complaint. The purpose of the ARRSC is to provide consistency and a defined process to conduct administrative inquiries associated with allegations of retaliation for raising safety concerns under the NCP or the DPO.

Page 6 of 98 Additional information about the program can be found on the Office of the Chief Human Capital Officers (OCHCO) NRC Web site.

OCHCO is currently in the process of scheduling employee briefings. An announcement regarding employee briefings on the ARRSC will be coming out in-the-near future. OCHCO encourages all NRC employees to attend.

Maintaining a work environment that is positive, promoting professional and cooperative working relationships, protecting personal privacy, and fostering confidence, mutual trust, and respect is in everyones interest. To that end, I strongly encourage all NRC employees to become familiar with the policy and procedures.

Mary Lamary /RA/

Chief Human Capital Officer Management Directive

References:

1. MD 10.99, Discipline and Adverse Actions, Directive Section III

2. MD 10.101, Employee Grievances, Handbook Section I.B

3. MD 10.158, NRC Non-Concurrence Process, Directive Section III.E

4. MD 10.159, NRC Differing Professional Opinion Program, Directive Section III.F

Page 7 of 98 APPENDIX 12:

Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns

Page 8 of 98 Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns (ARRSC)

November 5, 2020 TABLE OF CONTENTS I. PURPOSE............................................................................................................................... 2 II. COVERAGE............................................................................................................................ 2 III. POLICY................................................................................................................................... 2 IV. Roles and Responsibilities................................................................................................... 2 A. Agency Employees.......................................................................................................... 2 B. Managers and Supervisors (including Branch, Division and Office Level Managers)......................................................................................................................... 3 C. Chief Human Capital Officer (CHCO), Office of the Chief Human Capital Officer (OCHCO)........................................................................................................................... 3 D. Chief, Policy, Labor and Employee Relations Branch (PLERB).................................. 3 E. Neutral Fact Finder (NFF)................................................................................................ 3 F. Labor and Employee Relations (ELR) Specialist.......................................................... 4 G. Office of Enforcement (OE)............................................................................................. 4 V. CONFIDENTIALITY................................................................................................................ 5 VI. DEFINITIONS.......................................................................................................................... 5 VII. REPORTING ALLEGATIONS OF RETALIATION.................................................................. 6 VIII. CONDUCTING THE ADMINISTRATIVE INQUIRY................................................................ 8 IIX. STATUTORY AND COLLECTIVE BARGAINING CLAIMS....................................................... 9 IX. OFFICE OF THE INSPECTOR GENERAL (OIG)................................................................. 10

Page 9 of 98 Policy and Procedures for Addressing Allegations of Retaliation for Raising Safety Concerns (ARRSC)

I. PURPOSE A. The purpose of the ARRSC is to provide consistency and a defined process to conduct administrative inquiries associated with allegations of retaliation for raising safety concerns under the either MD 10.158, NRC Non-Concurrence Process (NCP), and/or MD 10.159, NRC Differing Professional Opinion Program (DPO). For the purpose of the ARRSC this includes individuals who engaged in either the NCP or DPO, including those whose issue was resolved via the informal rapid resolution process.

B. NRC is committed to maintaining a high standard of conduct in the workplace in addition to providing a work environment free from retaliation for raising safety concerns through NCP and/or DPO. Retaliation shall not be tolerated as it impedes the overall accomplishment of the NRC mission and the efficient operation of Federal service.

II. COVERAGE The ARRSC applies to all NRC employees, except members of NRC boards and advisory committees that report directly to the Commission, employees on NRC Limited (Excepted) appointment (by reason of the confidential, policymaking, policy-determining, or policy advocating nature of the position), and Commissioners. NRC contractors are not covered by this policy.1 III. POLICY It is the Policy of the NRC that employees are free from retaliation based on raising safety concerns through NCP and/or DPO. Employees who have raised safety issues through NCP and/or DPO and believe that they have been retaliated against may raise the allegations through the ARRSC. Under this Policy, an administrative inquiry will be conducted. If at the conclusion of the administrative inquiry it is found that an employee or manager engaged in retaliation, the NRC will take appropriate action to address the inappropriate conduct. Such actions may include disciplinary action up to and including removal.

IV. ROLES AND RESPONSIBILITIES A. Agency Employees

1. Each NRC employee is responsible for maintaining a work environment that is free from retaliation for raising safety concerns through NCP and/or DPO and complying with and cooperating with any inquiry conducted under the ARRSC.

2. Each NRC employee is encouraged to attend training or briefings on ARRSC and promptly report any incident of retaliation for participating in the NCP and/or DPO.

1 While contractors are not covered by the ARRSC, nothing in the ARRSC limits their right and responsibility to report a complaint or allegation to the OIG, or to contact the OSC.

Page 10 of 98 B. Managers and Supervisors (including Branch, Division and Office Level Managers)

In addition to the roles and responsibilities listed under Agency Employees, each NRC manager and supervisor is responsible for:

1. Administering appropriate corrective action, including disciplinary action, when the Close Out Memorandum prepared by the Neutral Fact Finder (NFF) shows that a member of his/her staff has violated the ARRSC and engaged in retaliation violating the ARRSC.

2. Informing employees of the ARRSC process. If an employee reports that he/she believes that he/she has been retaliated against for participating in the NCP and/or DPO the employee should be referred to the ARRSC.

3. Fostering an environment of collaboration and encouraging appropriate professional debate; and

4. Preventing retaliation against individuals who make good faith reports of an allegation under the ARRSC or participate in the administrative inquiry.

C. Chief Human Capital Officer (CHCO), Office of the Chief Human Capital Officer (OCHCO)

The CHCO is responsible for the following actions:

1. Ensuring that employees are aware of the ARRSC policy.

2. Ensuring that managers, supervisors, and employees are offered appropriate training on the ARRSC.

3. Leading by example and fostering an environment of collaboration, that encourages appropriate professional debate.

4. Identifying the NFF for the ARRSC; and

5. Ensuring that the identity and contact information of the NFF is prominently displayed throughout the agency and on the NRC intranet.

D. Chief, Policy, Labor and Employee Relations Branch (PLERB)

The PLERB Branch Chief is responsible for the following actions:

1. Developing and providing instructions for the appropriate and orderly implementation of the ARRSC.

2. When appropriate, reviewing Close Out Memorandum prepared by the NFF.

3. Providing PLERB staff, assistance, and advice on matters described in the ARRSC; and

4. Providing final interpretations regarding the intent and applicability of the ARRSC.

E. Neutral Fact Finder (NFF)

The NFF is responsible for the following actions:

Page 11 of 98

1. Assisting the CHCO and PLERB Branch Chief in ensuring that employees are informed of the ARRSC and the procedures in connection with reporting inappropriate conduct under this ARRSC.

2. Receiving allegations under the ARRSC.

3. Determining whether an allegation falls within the jurisdiction of the ARRSC or otherwise interpreting and applying the ARRSC.

4. Conducting or overseeing a fair, and impartial administrative inquiry into any allegation of inappropriate conduct in retaliation for utilizing the NCP and/or DPO processes.

The NFF has the authority, in consultation with the PLERB Branch Chief, to determine who will conduct the administrative inquiry into allegations raised under the ARRSC.

5. Notifying the Director, Office of Enforcement (OE) of allegations under the ARRSC to confirm that the complainant has participated in NCP and/or DPO.

6. Providing technical assistance and support, to ensure compliance with the ARRSC.

7. Maintaining records of all allegations of inappropriate conduct in retaliation for participating in the NCP and/or DPO set forth under the ARRSC, consistent with the agencys retention schedule requirements; and

8. As soon as practical, informing all persons reporting allegations under the ARRSC of the following:

(a) The filing does not satisfy the requirements to initiate an appeal or complaint under other processes, such as an EEO complaint, a Merit Systems Protection Board (MSPB) appeal or a grievance; and (b) The filing does not delay the time limits for initiating those procedures by issuing the Notice of Rights.

F. Labor and Employee Relations (ELR) Specialist The ELR Specialist is responsible for the following actions:

1. Advising managers and supervisors on administering appropriate corrective action, including disciplinary action,2 with regard to employees who have been found to have violated the ARRSC; and

2. Advising managers and supervisors on taking actions to prevent retaliation against individuals who report allegations under the ARRSC.

G. Office of Enforcement (OE)

The OE is responsible for the following actions:

1. Administering the NCP.

2. Administering the DPO.

3. Informing employees who participate in the NCP and/or DPO of the ARRSC process; and

4. Confirming to the NFF that the complaints have participated in NCP and/or DPO.

2 MD 10.99, Discipline, Adverse Actions and Separations

Page 12 of 98 V. CONFIDENTIALITY All attempts will be made to ensure that information gathered during an administrative inquiry is kept confidential. However, sensitive information and/or violations of policies, regulations or laws discovered during an inquiry may be disclosed by the appropriate management official on a need-to-know basis. Witnesses and others involved in an inquiry are also asked to keep their participation confidential.

VI. DEFINITIONS The definitions herein are specific to the ARRSC and are not necessarily the legal definition found in other contexts.

A. ADMINISTRATIVE INQUIRY - An official inquiry into allegations of employee misconduct or employment-related events, alleged incidents, or issues. It is a process for determining facts and documenting evidence concerning possible employee inappropriate conduct, related to retaliation, or some other impropriety. An administrative inquiry shall not, in and of itself, be construed as evidence that the allegations are true.

B. CLOSE OUT MEMORANDUM - An official written memorandum. The memorandum may include a written report of the Neutral Fact Finders administrative inquiry and the conclusions drawn from the facts as to whether the allegations are substantiated and the ARRSC was violated. The Close Out Memorandum will be sent to the appropriate management official and the servicing ELR Specialist, as appropriate. Normally, the appropriate management official is the Subjects first level supervisor, or the lowest level supervisor/manager in the Subjects chain of command who is not a subject of the inquiry.

C. CLOSE OUT NOTIFICATION - Written notifications prepared upon completion of the inquiry and shared with both the complainant and the subject, informing each of them that either a violation of the ARRSC was or was not found to have occurred.

D. COMPLAINANT - Either a person who makes a complaint of retaliation under the ARRSC or, if the allegation is made by a 3rd party, the person who has allegedly been retaliated against.

E. INTAKE FORM - The NRC Form 834, Employee Reporting of Inappropriate Conduct Addressing Allegations of Retaliation for Raising Safety Concerns, provides an initial written summary of the allegations of inappropriate conduct in retaliation for raising a safety concern completed by that complainant at the beginning of an administrative inquiry. The NRC Form 834 will also be shared with the OIG.

F. MANAGEMENT OFFICIAL - An individual or group of individuals who have the authority to make decisions on behalf of the agency and have responsibility for controlling and/or managing agency resources or programs.

G. NOTICE OF RIGHTS - Written notification of rights that the complainant may also be entitled to and their associated timelines. Specifically, nothing herein prohibits an employee from filing a grievance, MSPB appeal, complaint with the Office of Special

Page 13 of 98 Counsel, or EEO complaint if he/she asserts that he/she has been subject to unfair or inappropriate action by the agency.

H. PERSONNEL ACTIONS - Can include but are not limited to actions such as poor performance reviews, demotions, suspensions, reassignments, relocations, or terminations.

I.

RETALIATION - To treat another employee (subordinate or coworker) differently based on his/her engaging in the NCP and/or DPO. It is a violation of the ARRSC for management to take, threaten to take, or fail to take a personnel action because the employee raised a safety concern. Retaliation may also include harassment, intimidation, reprisal, or discrimination by management or employees against those who express or support differing views while engaging in the NCP and DPO. For the purposes of the ARRSC, violations include retaliation and reprisal as defined in MD10.158 and MD 10.159. In addition, for the purposes of the ARRSC, it is a violation to engage in inappropriate conduct against another employee based on that employee raising of a safety concern under NCP and/or DPO, regardless of reporting relationship.

J. SUBJECT - An individual against whom an allegation of retaliation has been made under the ARRSC.

K. SUBMITTER - 3rd party person who becomes aware or suspects the retaliation of another employee and submits the allegation through ARRSC.

L. WITNESS - An individual who is identified and interviewed concerning an allegation and is believed to have information that may aid in proving or disproving the allegation(s) brought forward under the ARRSC.

VII. REPORTING ALLEGATIONS OF RETALIATION A. Any NRC employee who believes that he/she has been the victim of retaliation or has otherwise been treated differently based on raising a safety concern(s) through NCP and/or DPO has the right to report said retaliation to the NFF, through the ARSSC process. Others who become aware or suspect the retaliation of another employee may submit the circumstances through this process as well. The procedures for reporting an allegation of inappropriate conduct under the ARRSC are as follows:

1. Time Limits - Barring a significant and verifiable reason for delay, allegations brought forth under the ARRSC must be made within 30 days of the alleged retaliation.

2. If an employee believes that he/she has been retaliated against for participating in the NCP and/or DPO or the employee has witnessed retaliation against others, in violation of the ARRSC, then the employee may report this matter to the NFF.

3. The employee reporting such retaliation must use NRC Form 834. The completed NRC Form 834 will be shared with the OIG.

(a) The NRC Form 834 must include sufficient detail to allow the NFF to decide whether an allegation falls within the ARRSC policy. The report must include details regarding the incident(s) of retaliation, including but not limited to, the following: what occurred, when the incident(s) occurred, the name of the person engaging in the retaliation (Subject), the name of the complainant, and the names of any witnesses.

Page 14 of 98 (b) The report must also include details regarding the safety concern raised that is the alleged basis of the retaliation. Nothing in the ARRSC is intended to discourage an employee from telling the subject to stop the retaliation. Such communications are encouraged.

B. A supervisor or manager who receives an allegation of a violation of the ARRSC shall immediately inform the employee of their rights, directing them to the OCHCO Web page and NRC Form 834.

C. Nothing in the ARRSC affects the right and responsibility of an NRC individual to contact the OIG regarding alleged inappropriate conduct, including retaliatory conduct and behaviors, in accordance with MD 7.4, Reporting Suspected Wrongdoing and Processing OIG Referrals. Moreover, nothing in the ARRSC affects the right of an individual to participate in any other process, including but not limited to filing an appeal with the Merit Systems Protections Board (MSPB), filing an agency administrative grievance, for bargaining unit employees, initiating a grievance under the NRC-NTEU CBA, filing an EEO complaint or making a report to U.S. Office of Special Counsel (OSC). Filing a report under the ARRSC does not satisfy the requirements associated with any complaint, appeal, or other statutory or regulatory process that may apply, nor does it delay the time limits for initiating those procedures.

D. Determination

1. When the NFF receives an allegation, the NFF will normally take the following actions:

(a) If one has not already been completed, provide the complainant with the NRC Form 834 to be completed to initiate the process.

(b) If the NRC Form 834 has been completed, contact the complainant with any follow-up questions or to gather any additional details that might be needed.

(c) Send a copy of the NRC Form 834 to the OIG.

(d) Based upon the facts provided, the NFF will (i) Determine that the reported allegation falls under the ARRSC and warrants the opening of an administrative inquiry, or (ii) Determine that there is enough information to forgo the administrative inquiry and refer the matter directly to the serving ELR specialist, or (iii) Take other actions, as appropriate.

2. The agency may not share information in the report that would violate the Privacy Act or any other law.

E. If the NFF determines that an administrative inquiry is needed, the NFF shall ensure that an impartial administrative inquiry is conducted and designate the person(s) who will conduct such an inquiry. (This administrative inquiry may be conducted by the NFF, another person such as a member of the PLERB staff, management official, the RPO, an outside contractor, or any other impartial individual delegated this responsibility by the NFF).

Page 15 of 98 VIII. CONDUCTING THE ADMINISTRATIVE INQUIRY A. Not all instances of retaliation or inappropriate conduct require an administrative inquiry.

In situations where information and facts are clear, supervisors may work directly with PLERB to address issues.

B. Compliance with Inquiries

1. NRC employees have a duty to, and shall, cooperate fully with inquiries brought forth under the ARRSC. Each NRC employee shall honestly and completely respond to questions posed during the course of the inquiry and maintain confidentiality. Refusal to cooperate could lead to disciplinary action.

2. NRC employees are required, in accordance with the ARRSC, to refrain from disclosing information during an administrative inquiry, when so directed by agency officials, including the NFF. This direction to NRC employees is primarily intended to prevent witnesses from influencing the testimony of others or otherwise jeopardizing the integrity of investigative process. Such direction to NRC employees does not prohibit disclosures required for official purposes or disclosures protected from reprisal by law, such as the Whistleblower Protection Act (5 U.S.C. § 2302).

3. The person conducting the administrative inquiry may:

(a) Contact appropriate agency officials in the subjects chain of command to inform them of the allegation and that an administrative inquiry will be conducted.

Provide information on the ARRSC, including the requirement that employees cooperate with the inquiry.

(b) Conduct the administrative inquiry, which consists of appropriate fact-finding in order to obtain the information relevant to the allegation. The determination as to the appropriate steps to be followed during the administrative inquiry will be determined by the person conducting the administrative inquiry with oversight by the NFF.

(c) In addition to the information received from the complainant and the subject, the NFF may interview others who may have knowledge of the circumstances of the allegations. All may be asked to provide written statements. All individuals contacted in the course of an administrative inquiry will be advised that any retaliation or reprisal against an individual who filed a complaint under the ARRSC or participated in the administrative inquiry, or who has otherwise provided information in connection with a complaint, would constitute a separate violation of the ARRSC.

(d) As appropriate, the NFF may gather documentation from witnesses or other organizations.

C. Upon completion of the administrative inquiry, the individual conducting the inquiry will prepare a Close Out Memorandum, which provides the inquirys final disposition. The NFF will send this written Close Out Memorandum to the Subjects first level Supervisor, and the servicing ELR Specialist, as appropriate. The Close Out Notifications will also be prepared.

1. The Close Out Memorandum will include a findings statement as to whether the ARRSC was violated or not.

Page 16 of 98

2. If other misconduct NOT covered by the ARRSC is substantiated, this finding may also be included in the Close Out Memorandum, so that management may take appropriate action.

3. The Close Out Memorandum and the Close out Notification, along with all of the documentation compiled during the inquiry, will be maintained by the NFF in a case file, consistent with the agencys retention schedule requirements.

4. All information will be maintained on a confidential basis to the greatest extent possible.

5. The Close Out Memorandum reflects that the inquiry has come to an end.

Accordingly, the complainant cannot alter the issues, facts, or findings contained in the report. The report is not appealable or grievable under the negotiated or administrative grievance processes.

IX. ACTIONS TAKEN UPON COMPLETION OF THE ADMINISTRATIVE INQUIRY A. Upon completion of the administrative inquiry, the individual conducting the inquiry will prepare a Close Out Notification that will be shared with the with both the complainant and the subject, informing them each that either a violation of the ARRSC was or was not found to have occurred.

B. Upon receipt of the Close Out Memorandum, the appropriate supervisor/manager will evaluate all of the documentation and, in consultation with an ELR specialist, determine the appropriate action. This responsibility normally will rest with the first line supervisor of the subject employee.

C. Where the Close Out Memorandum shows that the subject employee did engage in retaliatory conduct in violation of this policy, he/she will be subject to appropriate corrective action, disciplinary or otherwise, in accordance with 5 U.S.C. Chapter 75 and MD 10.99. In such cases, within 90 days of receipt of the Close Out Notification, management must inform the NFF of the action(s) taken.

D. Where the Close Out Memorandum shows that the subject employee did NOT violate this Policy but did engage in a form of misconduct, the supervisor/manager will evaluate all of the documentation and, in consultation with an ELR specialist, determine the appropriate action, which may include disciplinary action(s).

E. Where the Close Out Memorandum substantiates that no inappropriate conduct occurred the case will be closed with no further action.

X. STATUTORY AND COLLECTIVE BARGAINING CLAIMS A. The ARRSC is in addition to statutory and collective bargaining prohibitions (NRC-NTEU CBA, Article 2) against inappropriate conduct and the procedures. Filing a report of retaliation under the ARRSC does not satisfy the requirements to initiate any complaint, appeal or other statutory or regulatory process that may apply, nor does it delay the time limits for initiating those procedures.

B. At the discretion of the NFF and with the concurrence of the PLERB Branch Chief, if an employee has entered into another process based on the same underlying allegation, the NFF may choose to not pursue an administrative inquiry.

Page 17 of 98 IX. OFFICE OF THE INSPECTOR GENERAL (OIG)

Nothing in the ARRSC limits the right and responsibility of NRC employees to report a complaint or allegation with OIG, in accordance with MD 7.4, Reporting Suspected Wrongdoing and Processing OIG Referrals.

Page 18 of 98 APPENDIX 13:

FY 2023 No FEAR Act Data Posted on the NRC Website (NOTE: This annual No Fear Act Report to Congress is comprised of data using the certified EEOC 462 report and end of year No Fear Act report for FY 2023, which may vary based on statutory reporting requirements. This appendix presents statistical data that was posted on the NRCs public web site in accordance with Section 301(b) of the Act and 29 CFR 1614.704).

Page 19 of 98 Equal Employment Opportunity Data Posted Pursuant to the No Fear Act:

NRC (and below)

For 4th Quarter FY 2023 for period ending September 30, 2023 Pursuant to Section 301 of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002 (the No Fear Act), the NRC has posted summary statistical data pertaining to complaints of employment discrimination filed by employees, former employees and applicants for employment under 29 CFR Part 1614. The specific data posted is described in section 301(b) of the Act and 29 CFR 1614.704. Note: This reporting does not include EEOC 462 reporting data for FY 2023.

Complaint Activity Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Number of Complaints Filed 20 19 25 15 15 15 Number of Complainants 20 19 25 15 13 13 Repeat Filers 0

0 0

0 2

2 Complaints by Basis Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints filed.

2018 2019 2020 2021 2022 Race 12 8

12 6

6 6

Color 5

2 1

2 3

4 Religion 1

1 0

0 3

3 Reprisal 8

12 14 9

6 6

Sex 13 9

8 9

5 6

PDA 0

0 0

0 0

0 National Origin 7

4 3

1 1

1 Equal Pay Act 0

0 1

0 0

0 Age 7

10 10 6

4 4

Disability 4

4 3

0 6

4

Page 20 of 98 Complaints by Basis Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints filed.

2018 2019 2020 2021 2022 Genetics 0

0 0

0 0

0 Non-EEO 0

0 2

0 0

1 Complaints by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints filed.

Starting in FY2022, issues marked with:

• are reported under Other Terms / Conditions of Employment.

• • are reported under Other Disciplinary Actions.

2018 2019 2020 2021 2022 Appointment/Hire 0

1 0

0 1

0 Assignment of Duties*

8 5

8 3

2 0

Awards 0

3 3

0 0

1 Conversion to Full Time/Perm Status*

0 0

0 0

0 0

Disciplinary Action Demotion 0

0 1

0 0

0 Reprimand**

0 0

0 0

0 0

Suspension 1

1 0

0 1

0 Removal 1

0 1

0 1

0 Other Disciplinary Actions**

0 0

0 0

0 0

Other2**

0 0

0 0

0 0

Duty Hours*

0 0

0 0

0 0

Perf. Eval./ Appraisal 5

6 6

7 3

3 Examination/Test 0

0 0

0 0

0 Harassment Non-Sexual 11 10 11 7

7 9

Sexual 0

0 0

0 0

0 Medical Examination 0

0 0

0 0

0 Pay including overtime 0

3 0

0 1

0 Promotion/Non-Selection 2

7 6

7 3

2 Reassignment Denied 1

0 0

2 0

0 Directed 0

2 0

1 1

0 Reasonable Accommodation Disability 3

2 3

0 2

3 Reinstatement*

0 0

0 0

0 0

Page 21 of 98 Complaints by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints filed.

Starting in FY2022, issues marked with:

• are reported under Other Terms / Conditions of Employment.

• • are reported under Other Disciplinary Actions.

2018 2019 2020 2021 2022 Religious Accommodation 0

0 0

0 0

3 Retirement*

0 1

0 0

0 0

Sex-Stereotyping 0

0 1

0 0

0 Telework 0

2 2

0 1

0 Termination 1

0 0

1 0

0 Terms/Conditions of Employment*

2 3

9 4

3 0

Time and Attendance 1

1 6

2 4

1 Training 3

1 2

1 1

1 Other Terms/Conditions of Employment*

0 0

0 0

0 5

User Defined - Other 1*

0 0

1 0

0 0

User Defined - Other 2*

0 0

0 0

0 0

User Defined - Other 3*

0 0

0 0

0 0

User Defined - Other 4*

0 0

0 0

0 0

Processing Time Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Complaints pending during fiscal year Average number of days in investigation 271.50 285.30 262.36 283.85 256.17 184.57 Average number of days in final action 53.00 60.00 29.50 39.50 32.86 47.00 Complaint pending during fiscal year where hearing was requested Average number of days in investigation 274.00 322.67 247.00 292.64 246.52 179.00 Average number of days in final action 0.00 0.00 15.00 39.50 25.50 31.33 Complaint pending during fiscal year where hearing was not requested Average number of days in investigation 289.00 269.83 283.67 263.33 247.17 200.25 Average number of days in final action 53.00 60.00 0.00 0.00 52.00 58.75 Complaints Dismissed by Agency Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Total Complaints Dismissed by Agency 3

4 9

2 0

4

Page 22 of 98 Complaints Dismissed by Agency Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Average days pending prior to dismissal 88 256 266 266 0

92.50 Complaints Withdrawn by Complainants Total Complaints Withdrawn by Complainants 1

2 2

0 1

0 Total Final Agency Actions Finding Discrimination Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Total Number Findings 0

0 0

0 2

0 Without Hearing 0

0 0

0 0

0 0

0 0

0 0

0 With Hearing 0

0 0

0 0

0 0

0 2 100 0

0 Findings of Discrimination Rendered by Basis Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints and findings.

2018 2019 2020 2021 2022 Total Number Findings 0

0 0

0 3

0 Race 0

0 0

0 0

0 0

0 0

0 0

0 Color 0

0 0

0 0

0 0

0 0

0 0

0 Religion 0

0 0

0 0

0 0

0 0

0 0

0 Reprisal 0

0 0

0 0

0 0

0 1

33.33 0

0 Sex 0

0 0

0 0

0 0

0 2

66.67 0

0 PDA 0

0 0

0 0

0 0

0 0

0 0

0 National Origin 0

0 0

0 0

0 0

0 0

0 0

0 Equal Pay Act 0

0 0

0 0

0 0

0 0

0 0

0 Age 0

0 0

0 0

0 0

0 0

0 0

0 Disability 0

0 0

0 0

0 0

0 0

0 0

0 Genetics 0

0 0

0 0

0 0

0 0

0 0

0 Non-EEO 0

0 0

0 0

0 0

0 0

0 0

0 Findings After Hearing 0

0 0

0 3

0 Race 0

0 0

0 0

0 0

0 0

0 0

0

Page 23 of 98 Findings of Discrimination Rendered by Basis Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 Note: Complaints can be filed alleging multiple bases.

The sum of the bases may not equal total complaints and findings.

2018 2019 2020 2021 2022 Color 0

0 0

0 0

0 0

0 0

0 0

0 Religion 0

0 0

0 0

0 0

0 0

0 0

0 Reprisal 0

0 0

0 0

0 0

0 1

33.33 0

0 Sex 0

0 0

0 0

0 0

0 2

66.67 0

0 PDA 0

0 0

0 0

0 0

0 0

0 0

0 National Origin 0

0 0

0 0

0 0

0 0

0 0

0 Equal Pay Act 0

0 0

0 0

0 0

0 0

0 0

0 Age 0

0 0

0 0

0 0

0 0

0 0

0 Disability 0

0 0

0 0

0 0

0 0

0 0

0 Genetics 0

0 0

0 0

0 0

0 0

0 0

0 Non-EEO 0

0 0

0 0

0 0

0 0

0 0

0 Findings Without Hearing 0

0 0

0 0

0 Race 0

0 0

0 0

0 0

0 0

0 0

0 Color 0

0 0

0 0

0 0

0 0

0 0

0 Religion 0

0 0

0 0

0 0

0 0

0 0

0 Reprisal 0

0 0

0 0

0 0

0 0

0 0

0 Sex 0

0 0

0 0

0 0

0 0

0 0

0 PDA 0

0 0

0 0

0 0

0 0

0 0

0 National Origin 0

0 0

0 0

0 0

0 0

0 0

0 Equal Pay Act 0

0 0

0 0

0 0

0 0

0 0

0 Age 0

0 0

0 0

0 0

0 0

0 0

0 Disability 0

0 0

0 0

0 0

0 0

0 0

0 Genetics 0

0 0

0 0

0 0

0 0

0 0

0 Non-EEO 0

0 0

0 0

0 0

0 0

0 0

0 Findings of Discrimination Rendered by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Total Number Findings 0

0 0

0 2

0 Appointment/Hire 0

0 0

0 0

0 0

0 0

0 0

0

Page 24 of 98 Findings of Discrimination Rendered by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Assignment of Duties*

0 0

0 0

0 0

0 0

0 0

0 0

Awards 0

0 0

0 0

0 0

0 0

0 0

0 Conversion to Full Time/Perm Status*

0 0

0 0

0 0

0 0

0 0

0 0

Disciplinary Action Demotion 0

0 0

0 0

0 0

0 0

0 0

0 Reprimand**

0 0

0 0

0 0

0 0

0 0

0 0

Suspension 0

0 0

0 0

0 0

0 1

50 0

0 Removal 0

0 0

0 0

0 0

0 0

0 0

0 Other Disciplinary Actions**

0 0

0 0

0 0

0 0

0 0

0 0

Other 2**

0 0

0 0

0 0

0 0

0 0

0 0

Duty Hours*

0 0

0 0

0 0

0 0

0 0

0 0

Perf. Eval./ Appraisal 0

0 0

0 0

0 0

0 0

0 0

0 Examination/Test 0

0 0

0 0

0 0

0 0

0 0

0 Harassment Non-Sexual 0

0 0

0 0

0 0

0 0

0 0

0 Sexual 0

0 0

0 0

0 0

0 0

0 0

0 Medical Examination 0

0 0

0 0

0 0

0 0

0 0

0 Pay including overtime 0

0 0

0 0

0 0

0 0

0 0

0 Promotion/Non-Selection 0

0 0

0 0

0 0

0 1

50 0

0 Reassignment Denied 0

0 0

0 0

0 0

0 0

0 0

0 Directed 0

0 0

0 0

0 0

0 1

50 0

0 Reasonable Accommodation Disability 0

0 0

0 0

0 0

0 0

0 0

0 Reinstatement*

0 0

0 0

0 0

0 0

0 0

0 0

Religious Accommodation 0

0 0

0 0

0 0

0 0

0 0

0 Retirement*

0 0

0 0

0 0

0 0

0 0

0 0

Sex-Stereotyping 0

0 0

0 0

0 0

0 1

50 0

0 Telework 0

0 0

0 0

0 0

0 0

0 0

0 Termination 0

0 0

0 0

0 0

0 0

0 0

0 Terms/Conditions of Employment*

0 0

0 0

0 0

0 0

0 0

0 0

Time and Attendance 0

0 0

0 0

0 0

0 0

0 0

0 Training 0

0 0

0 0

0 0

0 0

0 0

0

Page 25 of 98 Findings of Discrimination Rendered by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Other Terms/Conditions of Employment*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 1*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 2*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 3*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 4*

0 0

0 0

0 0

0 0

0 0

0 0

Findings After Hearing 0

0 0

0 2

0 Appointment/Hire 0

0 0

0 0

0 0

0 0

0 0

0 Assignment of Duties*

0 0

0 0

0 0

0 0

0 0

0 0

Awards 0

0 0

0 0

0 0

0 0

0 0

0 Conversion to Full Time/Perm Status*

0 0

0 0

0 0

0 0

0 0

0 0

Disciplinary Action Demotion 0

0 0

0 0

0 0

0 0

0 0

0 Reprimand**

0 0

0 0

0 0

0 0

0 0

0 0

Suspension 0

0 0

0 0

0 0

0 1

50 0

0 Removal 0

0 0

0 0

0 0

0 0

0 0

0 Other Disciplinary Actions**

0 0

0 0

0 0

0 0

0 0

0 0

Other 2**

0 0

0 0

0 0

0 0

0 0

0 0

Duty Hours*

0 0

0 0

0 0

0 0

0 0

0 0

Perf. Eval./ Appraisal 0

0 0

0 0

0 0

0 0

0 0

0 Examination/Test 0

0 0

0 0

0 0

0 0

0 0

0 Harassment Non-Sexual 0

0 0

0 0

0 0

0 0

0 0

0 Sexual 0

0 0

0 0

0 0

0 0

0 0

0 Medical Examination 0

0 0

0 0

0 0

0 0

0 0

0 Pay including overtime 0

0 0

0 0

0 0

0 0

0 0

0 Promotion/Non-Selection 0

0 0

0 0

0 0

0 1

50 0

0 Reassignment Denied 0

0 0

0 0

0 0

0 0

0 0

0 Directed 0

0 0

0 0

0 0

0 0

0 0

0 Reasonable Accommodation Disability 0

0 0

0 0

0 0

0 0

0 0

0 Reinstatement*

0 0

0 0

0 0

0 0

0 0

0 0

Page 26 of 98 Findings of Discrimination Rendered by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Religious Accommodation 0

0 0

0 0

0 0

0 0

0 0

0 Retirement*

0 0

0 0

0 0

0 0

0 0

0 0

Sex-Stereotyping 0

0 0

0 0

0 0

0 1

50 0

0 Telework 0

0 0

0 0

0 0

0 0

0 0

0 Termination 0

0 0

0 0

0 0

0 0

0 0

0 Terms/Conditions of Employment*

0 0

0 0

0 0

0 0

0 0

0 0

Time and Attendance 0

0 0

0 0

0 0

0 0

0 0

0 Training 0

0 0

0 0

0 0

0 0

0 0

0 Other Terms/Conditions of Employment*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 1*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 2*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 3*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 4*

0 0

0 0

0 0

0 0

0 0

0 0

Findings Without Hearing 0

0 0

0 0

0 Appointment/Hire 0

0 0

0 0

0 0

0 0

0 0

0 Assignment of Duties*

0 0

0 0

0 0

0 0

0 0

0 0

Awards 0

0 0

0 0

0 0

0 0

0 0

0 Conversion to Full Time/Perm Status*

0 0

0 0

0 0

0 0

0 0

0 0

Disciplinary Action Demotion 0

0 0

0 0

0 0

0 0

0 0

0 Reprimand**

0 0

0 0

0 0

0 0

0 0

0 0

Suspension 0

0 0

0 0

0 0

0 0

0 0

0 Removal 0

0 0

0 0

0 0

0 0

0 0

0 Other Disciplinary Actions**

0 0

0 0

0 0

0 0

0 0

0 0

Other 2**

0 0

0 0

0 0

0 0

0 0

0 0

Duty Hours*

0 0

0 0

0 0

0 0

0 0

0 0

Perf. Eval./ Appraisal 0

0 0

0 0

0 0

0 0

0 0

0 Examination/Test 0

0 0

0 0

0 0

0 0

0 0

0 Harassment Non-Sexual 0

0 0

0 0

0 0

0 0

0 0

0 Sexual 0

0 0

0 0

0 0

0 0

0 0

0

Page 27 of 98 Findings of Discrimination Rendered by Issue Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Medical Examination 0

0 0

0 0

0 0

0 0

0 0

0 Pay including overtime 0

0 0

0 0

0 0

0 0

0 0

0 Promotion/Non-Selection 0

0 0

0 0

0 0

0 0

0 0

0 Reassignment Denied 0

0 0

0 0

0 0

0 0

0 0

0 Directed 0

0 0

0 0

0 0

0 0

0 0

0 Reasonable Accommodation Disability 0

0 0

0 0

0 0

0 0

0 0

0 Reinstatement*

0 0

0 0

0 0

0 0

0 0

0 0

Religious Accommodation 0

0 0

0 0

0 0

0 0

0 0

0 Retirement*

0 0

0 0

0 0

0 0

0 0

0 0

Sex-Stereotyping 0

0 0

0 0

0 0

0 0

0 0

0 Telework 0

0 0

0 0

0 0

0 0

0 0

0 Termination 0

0 0

0 0

0 0

0 0

0 0

0 Terms/Conditions of Employment*

0 0

0 0

0 0

0 0

0 0

0 0

Time and Attendance 0

0 0

0 0

0 0

0 0

0 0

0 Training 0

0 0

0 0

0 0

0 0

0 0

0 Other Terms/Conditions of Employment*

User Defined - Other 1*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 2*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 3*

0 0

0 0

0 0

0 0

0 0

0 0

User Defined - Other 4*

0 0

0 0

0 0

0 0

0 0

0 0

Pending Complaints Filed in Previous Fiscal Years by Status Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Total complaints from previous Fiscal Years 8

11 13 18 12 8

Total Complainants 8

11 13 16 9

6 Number complaints pending Investigation 0

0 2

2 1

4 ROI issued, pending Complainant's action 1

1 1

0 0

0 Hearing 6

10 7

14 8

1 Final Agency Action 1

0 3

1 1

0

Page 28 of 98 Pending Complaints Filed in Previous Fiscal Years by Status Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Appeal with EEOC Office of Federal Operations 5

5 9

8 8

6 Complaint Investigations Comparative Data Previous Fiscal Year Data 2023 Thru 09-30 2018 2019 2020 2021 2022 Pending Complaints Where Investigations Exceed Required Time Frames 0

3 7

2 2

2

Page 29 of 98 APPENDIX 14:

Reasonable Accommodation Policy and Procedures

Page 30 of 98 U.S. Nuclear Regulatory Commission Reasonable Accommodations Procedures Office of the Chief Human Capital Officer Revised October 2018

i TABLE OF CONTENTS U.S. Nuclear Regulatory Commission Policy on Reasonable Accommodations..................................... 1 Guidance Provided to Supervisors, Managers, Reasonable Accommodation Coordinator, Agency Designee, or Agency Employees Connected with Requests for Reasonable Accommodations............ 2

1. Reasonable Accommodations Request Process...................................................... 2 Guidance Provided to Supervisors, Managers, Reasonable Accommodation Coordinator, Agency Designee, or Agency Employees for Recognizing a Request for Reasonable Accommodations.......... 4

2. Approved Requests.................................................................................................. 6

3. Disapproved Requests............................................................................................. 8

4. Reassignments......................................................................................................... 9

5. Requests for Reconsideration of the Agencys Decisions...................................... 10

6. Reasonable Accommodations and Statutory and Collective Bargaining Claims.... 10

7. Information Tracking and Recordkeeping............................................................... 11

8. Reporting................................................................................................................ 12

9. Posting................................................................................................................... 12

10. Timeframes for Processing Requests................................................................... 12

11. Request for Sign Language Interpreting Services................................................ 15

12. Personal Assistance Services.............................................................................. 17

13. Costs and Agency Resources.............................................................................. 18

14. Reasonable Accommodations Resources............................................................ 18 Appendix A: Key Terms and Definitions......................................................................A-1 Appendix B: Medical Information Confidentiality..........................................................B-1

1 U.S. Nuclear Regulatory Commission Policy on Reasonable Accommodations The term reasonable accommodations refers to modifications or adjustments to the work environment, manner, or circumstances under which a position is customarily performed to enable an applicant or employee with a disability to enjoy equal employment opportunities.

The U.S. Nuclear Regulatory Commissions (NRCs or agencys) policy is to fully comply with the reasonable accommodations requirements of Section 501 of the Rehabilitation Act of 1973, as amended (Rehabilitation Act), and the Americans with Disabilities Act Amendments Act of 2008 (ADA). Under the law, Federal agencies must provide reasonable accommodations to qualified employees or applicants with disabilities unless doing so would cause undue hardship to the agency. In accordance with the regulations, the agency must consider all resources available to the agency, as a whole, and external resources (i.e., a centralized fund, the U.S. Department of Defense Computer/Electronic Accommodations Program (CAP)) in determining whether an undue hardship exists. The NRC strives to provide reasonable accommodations to all employees and applicants with disabilities to ensure that individuals with disabilities enjoy full access to equal employment opportunities at the NRC. The agency provides reasonable accommodations under the following conditions:

An applicant with a disability needs accommodations to be considered for a job.

An existing employee with a disability needs accommodations to enable him or her to perform the essential functions of the job or to gain access to the workplace.

An employee with a disability needs accommodations to enjoy equal benefits and privileges of employment.

The NRC is committed to processing requests for reasonable accommodations in a prompt, fair, and efficient manner using an interactive process. Within 5 business days of receipt of the request, the reasonable accommodation coordinator (RAC) or designee will acknowledge and begin reviewing the request. The RAC or designee will keep the requester and requesters supervisor apprised of the status of the request or the need for any additional information or other reasons for a delay in processing as the nature of the request demands. The RAC or designee will communicate with individuals who have requested a reasonable accommodation early in the interactive process and will continue to do so throughout the process.

Employees may refer to the U.S. Equal Employment Opportunity Commissions (EEOCs) Web site at http://www.eeoc.gov/policy/docs/accommodation.html for information on enforcement.

2 Guidance Provided to Supervisors, Managers, Reasonable Accommodation Coordinator, Agency Designee, or Agency Employees Connected with Requests for Reasonable Accommodations

1. Reasonable Accommodations Request Process Submittal of a Formal Request by the Employee or Applicant. An individual may request reasonable accommodations orally or in writing at any time and need not fill out a specific form to start the interactive process nor have a particular accommodation in mind before making a request. The regulations require that decisionmakers communicate, early in the interactive process and periodically throughout the process, with individuals who have requested reasonable accommodations. Employees may make a request for reasonable accommodations to (1) a supervisor or manager in an employees chain of command, (2) the RAC or designee, (3) any agency employee connected with the application process, or (4) any other individual designated by the agency to accept such requests. A family member, healthcare provider, or other representative may also submit a request for reasonable accommodations either orally or in writing on behalf of the employee.

Applicants may contact any agency employee connected with the application process, not just the staffing specialist assigned to the vacancy, to make a request for reasonable accommodations.

Upon receipt of an accommodation request, management officials or other agency personnel other than the RAC or designee should promptly contact the RAC or designee in the Office of the Chief Human Capital Officer (OCHCO) and forward the request to the RAC or designee.

Once the RAC or designee receives notification of a reasonable accommodations request, he or she will provide the requester with forms that the agency uses in connection with a request.

The RAC or designee will inform the requester that the forms are available in alternative formats that are accessible to people with disabilities. In addition, the RAC or designee will explain the following information to the requester:

The RAC or designee will explain the agencys process, including the interactive process, for determining whether to provide reasonable accommodations.

The agency may need medical information that is sufficient to (1) clarify the nature of the individuals disability, (2) describe his or her need for reasonable accommodation, and (3) explain how the requested accommodation, if any, will assist the individual to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.

The agency has the right to request relevant supplemental medical information.

The agency has the right to have a medical expert of its choosing review information at the agencys expense.

The agency is obligated to keep medical information confidential, in accordance with applicable laws and regulations and the limited circumstances under which information may be disclosed.

The agency will explain the designated maximum amount of time it has, in the absence of extenuating circumstances, to either provide the requested accommodations or deny

3 the request, and explain that the time limit begins to run when the accommodation is first requested.

The agency will not be expected to adhere to its usual timeliness if the requesters health professional fails to provide the necessary documentation in a timely manner.

If a particular reasonable accommodation can be provided in less than the maximum amount of time permitted under the regulations, failure to provide such an accommodation in a prompt manner may result in a violation of the Rehabilitation Act.

The agency must provide an interim accommodation to allow the individual to perform some or all of the essential functions of his or her job if it is possible to do so without imposing an undue hardship on the agency.

The RAC or designee will explain how to track the processing of requests for reasonable accommodations.

If either processing a request for, or providing, reasonable accommodations is delayed, the agency must notify the individual of the reason for the delay, including any extenuating circumstances that justify the delay.

Individuals who are denied reasonable accommodations have the right to file complaints under Title 29 of the Code of Federal Regulations (29 CFR) 1614.106, Individual Complaints, and the agency encourages the use of voluntary informal dispute resolution.

The agency will provide the names of the individual points of contact (POCs) and the program office from whom the requester will receive a final decision.

4 Guidance Provided to Supervisors, Managers, Reasonable Accommodation Coordinator, Agency Designee, or Agency Employees for Recognizing a Request for Reasonable Accommodations Request Received. When determining whether an employee is requesting an accommodation, please keep in mind that an employee only needs to express a need for a change in his or her working condition or in the way something is ordinarily done because of a medical reason. A request does not require any special wording, such as reasonable accommodation, disability, or Rehabilitation Act, and may be made verbally or in writing.

Further, an individual does not need to have a particular accommodation in mind before making a request for an accommodation.

Although requests are not required to be in writing, the agency encourages all requesters to submit a request for reasonable accommodations using NRC Form 726, Confirmation for Request for Reasonable Accommodation, to the RAC or designee in OCHCO through e-mail to Reasonable_Accommodations.Resource@nrc.gov or you may contact RAC at 301-287-0739 or via email Kimberly.Meyer-Chambers@nrc.gov.

The agency encourages, but does not require, employees to discuss their requests with their supervisor, who may be able to easily support a very simple accommodations request (e.g., a request for a different work schedule). If the employee does not discuss a request with his or her supervisor, the RAC or designee will discuss the requested accommodations with the employees supervisor as part of the interactive process to determine the employees limitations as they relate to his or her ability to perform the essential functions of his or her position and possible effective accommodations.

The agency encourages, but does not require, individuals who apply for employment at the NRC to submit the request through the supporting human resource specialist listed on the vacancy announcement or anyone connected with the particular application process, who will then forward the request to the RAC or designee.

Contractors may submit reasonable accommodations requests related to accessibility only. The contractor is responsible for submitting all other requests related to reasonable accommodations to his or her employer (the contracting organization). The contractors employer (the contracting organization) is responsible for providing reasonable accommodations for its employees because the NRC is not their employer.

The RAC or designee will begin the review process within 5 business days of receipt of a request.

Employees may make requests for permanent or temporary accommodations.

Types of requests include, but are not limited to, the following:

assistive technology sign language interpreters transcription services workstation modifications materials in alternative formats special software work schedule modifications removal of architectural barriers

5 Medical Review (if required). When a disability or need for reasonable accommodations is not immediately obvious or otherwise already known, the RAC or designee may require the individual to provide sufficient medical documentation on the requesters impairment, including functional limitations. Medical documentation is sufficient if it (1) discusses the nature of the individuals disability, (2) describes his or her need for a reasonable accommodation, and (3) explains how the requested accommodation, if any, will assist the individual to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.

The RAC or designee will review the request to determine whether additional medical information is required. The agency has the right to request relevant supplemental medical information if the information in the first submission is insufficient. The agency also has the right to have a medical expert of its choosing review medical information at the agencys expense.

If the RAC or designee determines that additional medical information is necessary, he or she may either request the additional medical documentation from the requester when appropriate or request that the employee sign a limited medical release, or do both. Once the medical release is provided, the RAC or designee will either submit a list of questions to the requesters health care professional or have the agencys contracted physician from Federal Occupational Health (FOH) contact the requesters health care provider.

Once the RAC or designee receives all of the medical information, when appropriate, he or she will prepare a request for a medical review by the NRCs contracted physician. Once the contracted physician completes the medical review, he or she will send a written assessment to the RAC or designee, who will share this information with the requester and, when appropriate, with the supervisor for further discussions as part of the interactive process to help determine an effective accommodation. If an accommodation is approved, the RAC or designee will begin coordination to implement the request.

For cases that do not require additional medical documentation or an FOH review, the RAC or designee will facilitate the interactive discussion between the supervisor and the requester to determine an effective accommodation solution; attempt to reach agreement; and, where appropriate, approve or deny the request and take appropriate steps to implement the established accommodation solution within 15 business days, if possible. The requester will receive final approval of the request for reasonable accommodations in writing.

The medical review is intended to substantiate (1) the functional limitations and needs of the requester to perform the essential functions of his or her job duties, (2) the benefits and privileges of the workplace, or (3) the need for an accommodation in the application process. The agencys requests for medical information will adhere to the requirements in EEOCs Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA), dated July 27, 2000 (available at https://www.eeoc.gov). The requester may be asked to sign a release form to designate FOH to review the medical information. In accordance with EEOCs guidance, the agencys request for information shall be limited to information that is sufficient to substantiate that the individual has a disability and needs the reasonable accommodation requested.

Failure by the requester to provide sufficient medical documentation or to cooperate with the NRCs efforts to obtain such documentation may result in delay or denial of the reasonable accommodations request. The agency will not be expected to adhere to its usual timelines if an

6 individuals health professional fails to provide the necessary documentation in a timely manner. Appendix B provides information about the confidentiality of medical information.

Office of the General Counsel Review (if required). If an initial determination has been made to deny the request, the RAC or designee will request a review by the Office of the General Counsel (OGC) before communicating any final decision to the requester. If an additional review is deemed necessary, the RAC or designee will work with the FOH physician, the supervisor, and the requester to obtain and review any additional information. If, upon consultation with OGC, the RAC or designee makes the determination to deny the request, he or she will notify the requester in writing. Depending on the nature of the reasonable accommodations request, the RAC or designee may opt to consult with OGC even if a denial is not anticipated.

2. Approved Requests The RAC or designee in OCHCO is responsible for processing all reasonable accommodations requests, facilitating the interactive dialogue between the supervisor and requester, and making the decision to approve or deny requests. Once all medical information has been received and reviewed, as applicable; the supervisor and the requesting employee have engaged in an interactive discussion; and a determination has been made to approve the reasonable accommodations request, the RAC or designee will notify the requester in writing of the approval, if applicable, and take the requisite steps to coordinate implementation of the request.

Depending on the nature of the request, the RAC or designee will first seek to identify existing equipment, software, and information technology (IT) peripherals that are already available within the NRC. If they are not available within the NRC, the RAC or designee will then determine whether the required item or items are available through the CAP. The CAP is a program administered by the U.S. Department of Defense. The NRC uses this vehicle to procure assistive technology, devices, software, and services for NRC employees.

If the CAP does not have the required item(s) or if the request is received when support by the CAP is unavailable (usually in the fourth quarter between July and September), the RAC or designee will coordinate with the appropriate authority to obtain the required items through the most expeditious and cost-effective vendor available. Once items are received, the RAC or designee will coordinate installation through the Office of the Chief Information Officer (OCIO), Office of Administration (ADM), or other offices as appropriate.

Approval for items processed through the CAP frequently takes between 2 to 4 weeks. The CAP will only approve requests for individuals who have medical documentation that indicates a diagnosed condition.

Items procured without the assistance of the CAP frequently take as long as 8 weeks to receive. If a requested item cannot be obtained through the CAP or if an accommodation is needed in the interim while requested items are being procured and shipped, the RAC or designee will facilitate the interactive discussion between the supervisor and the requester on interim accommodations.

For reasonable accommodations requests that require a modification or reconfiguration of a workspace or additions to the NRC infrastructure, the RAC or designee will coordinate changes with the employees supervisor, OCIO, and ADM staff responsible for the new configuration as needed. It is essential that this coordination occur because it could affect staff who may be required to relocate or who may otherwise be affected by any reconfiguration of office space.

ADMs involvement will be required for office reconfigurations and installations of furniture and equipment.

OCIOs involvement will be required for relocating computers and telephones or for redirecting network printer support to the requester or nearby staff.

7 Reasonable Accommodations for Furniture and Workplace Modifications. Reasonable accommodations requests for furniture must be processed through ADM with coordination from the RAC or designee who will submit NRC Form 30, Request for Administrative Services. To process requests, ADM must have the information on the core features of the furniture item needed to satisfy requests. ADM will provide furniture items, either from the NRCs warehouse stock items or through a special purchase order, that comply with the core features to address the functional limitations identified; these may or may not be the actual items requested. If requests cannot be immediately satisfied from the NRCs warehouse stock items, ADM will keep the supervisor, the employee, and the RAC or designee informed of the status of the special purchase and the expected date of delivery.

Reasonable Accommodations for IT Hardware and Software. Reasonable accommodations requests for IT hardware and software require OCIO involvement. The RAC or designee must use NRC Form 30 to submit any requests for IT hardware and software as a reasonable accommodation to OCIO. Hardware and software that will be new to the NRC infrastructure must proceed through security and functional testing.

Testing and approval frequently take 4 to 6 weeks or longer. OCIO and the RAC or designee will make every effort possible to identify hardware and software that have already been approved. If requests cannot be immediately satisfied from OCIO stock items, OCIO will keep the supervisor, the employee, and the RAC or designee informed of the status of the special purchase and the expected date of delivery.

Ergonomics versus Reasonable Accommodations. Obtaining IT equipment or furniture as an ergonomic request follows a different process with different requirements than that for reasonable accommodations requests. The Ergonomics Program is an optional program that is not required by law or regulation. The purpose of the Ergonomics Program is to evaluate an employees workstation and work habits to determine whether modifications could or should be made to improve the employees comfort, work performance, and productivity. On the other hand, the purpose of the Reasonable Accommodations Program is to determine whether modifications are needed because of an individuals disability. A request for IT equipment or furniture will be treated as a reasonable accommodations request and processed under the reasonable accommodations procedures when such a request is made because of a disability. However, if the request is made simply for comfort, work performance, or productivity notwithstanding a disability, the Ergonomics Program will review such a request.

Recommendations from the Ergonomics Program to make modifications to an employees workstation in response to an ergonomics request do not convey an entitlement to the employee for the recommended modification, and the NRC is not mandated or obligated to purchase the recommended item or make the recommended modification unless the request also meets the requirements for a reasonable accommodation. In addition, the RAC or designee does not approve equipment or furniture purchases and cannot compel the purchase of such under the Ergonomics Program, unless the purchase is separately required as a reasonable accommodation. Guidance on how to request ergonomic equipment appears on OCIOs Web site https://drupal.nrc.gov/ocio/26331 under Purchase IT Supplies and Services. Information on the NRCs Ergonomics Program appears on OCHCOs internal Web site at https://www.internal.nrc.gov/HR/ergonomics.html.

Individuals with disabilities and the agencys decisionmakers can consult the following resources to identify and evaluate possible accommodations:

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, dated October 17, 2002

8 (https://www.eeoc.gov/policy/docs/ accommodation.html)

Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations, dated October 10, 1995 (https://www.eeoc.gov/policy/docs/preemp.html)

EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA), dated July 27, 2000 (https://www.eeoc.gov/policy/docs/guidance-inquiries.html)

Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, dated October 20, 2000 (https://www.eeoc.gov/policy/docs/accommodation_procedures.html)

Job Applicants and the Americans with Disabilities Act, modified December 20, 2017 (https://www.eeoc.gov/facts/jobapplicant.html)

The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, modified July 6, 2000 (https://www.eeoc.gov/policy/docs/fmlaada.html)

Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers (https://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm)

Understanding Your Employment Rights under the Americans with Disabilities Act (ADA): A Guide for Veterans (https://www.eeoc.gov/eeoc/publications/ada_veterans.cfm)

Job Accommodation Network (https://www.askjan.org/)

Computer/Electronic Accommodations Program (https://www.cap.mil/)

3. Disapproved Requests If the RAC or designee in OCHCO denies a request for reasonable accommodations, the requester will receive written notification in an accessible format that explains the reason for the denial, identifies available internal appeal or informal dispute resolution processes, provides instructions on how to file a complaint of discrimination under 29 CFR 1614.106, and explains the right, under 29 CFR 1614.105, Pre-Complaint Processing, to contact an Equal Employment Opportunity (EEO) counselor or the Office of Small Business and Civil Rights (SBCR), or both, within 45 days of the denial regardless of whether the requester participates in an informal dispute resolution process. The notification will also include the contact information of the individual or program office that made the final decision. This explanation will include specific reasons for the denial (e.g., why the request would not be appropriate or why it would result in undue hardship to the agency). Individuals whose accommodation requests have been denied have the right to file an EEO complaint under 29 CFR 1614.106 and invoke other statutory processes as appropriate and as discussed in Section 6 below.

The employee is encouraged to use voluntary informal dispute resolution processes to obtain prompt reconsideration of denials of accommodation requests. As appropriate, the denial will

9 include an alternate accommodation. The following examples provide reasons for denying reasonable accommodations requests:

The requested accommodation is not appropriate or effective.

The requested accommodation would cause a direct threat to health or safety. Direct threat means that an individual with a disability poses a significant risk of substantial harm to himself or herself or to others and that accommodations that would lower the risk of harm below that level do not exist.

Medical documentation is inadequate to establish that the requester has a disability or needs accommodations, or the requester has failed to provide the requested documentation.

The requested accommodations would require the removal of an essential function of the requesters position. If this is the case, the denial must identify the essential function and explain why that function would need to be removed.

The requested accommodations would require the lowering of a performance or production standard related to an essential function of the requesters position. The denial in this scenario must identify the specific performance or production standard that would need to be lowered and the resulting impact of lowering the standard.

Providing the requested accommodation would result in undue hardship. Undue hardship means that the agency finds that a specific accommodation would result in significant difficulty or expense or would fundamentally alter the nature of the agencys operations. Denial of a request for reasonable accommodation based on cost as an undue hardship should be extremely rare because, for purposes of reasonable accommodations, the agencys budget as a whole is considered versus that of a specific office. Before the RAC or designee reaches this determination, he or she must explore whether other effective accommodations exist that would not impose undue hardship and therefore could be provided. When evaluating budgetary or administrative concerns to determine whether undue hardship exists, the RAC or designee, in consultation with the supervisor and OGC, will follow the standards in the regulations and in EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act. In addition, every effort will be made to rely on internal and external resources for providing accommodation solutions, including the CAP; Maryland State Department of Education, Division of Rehabilitation Services; Maryland Department of Disabilities; Maryland Technology Assistance Program; Job Accommodation Network; and special agency funding. For more information about funding solutions for reasonable accommodations or for any questions on the cost associated with an accommodation, contact the RAC or designee in OCHCO.

4. Reassignments The agency is required to provide reassignment to a vacant funded position as a reasonable accommodation if it determines that no other reasonable accommodation would permit an employee to perform the essential functions of his or her position. Reassignments as reasonable accommodations are required after the NRC has determined that no other reasonable accommodations will permit the employee with a disability to perform the essential

10 functions of his or her position. Reassignments as a reasonable accommodation may be provided to employees (not applicants) who, because of a disability, can no longer perform the essential functions of the job with or without reasonable accommodations. Reassignments are made only to vacant funded positions and only provided to employees who are qualified for the new position, absent undue hardship. If the employee is qualified for the position, he or she may be reassigned to the job without competition.

By definition, reassignments may be made only to a position of equal or lower grade. Reassignments do not include giving an employee a promotion. An employee must compete for any vacant position that would constitute a promotion. Conversely, an employee would not have to compete for a vacant position that is of equal or lower grade as long as he or she is qualified for it.

The NRC is not obligated to approve a reasonable accommodations request for reassignment in order to change supervisor if the cause is based on an employees failure to get along with a supervisor because of a personality conflict. An employees failure to get along with a supervisor or coworker because of a personality conflict is not equivalent to a substantial limitation in a major life activity and, therefore, does not meet the regulatory definition of a disability. However, as an alternative, a change in supervisory methods may be necessary as a reasonable accommodation in these cases.

5. Requests for Reconsideration of the Agencys Decisions The NRC will provide a written denial notice at the time a request for accommodation is denied. The written notice will explain the reasons for the denial and notify the job applicant or employee of any available internal appeal or informal dispute resolution processes.

Requesters may request prompt reconsideration of denials of requests for reasonable accommodations. He or she should first consult with the RAC or designee to request any additional clarification about the basis for the denial. The requester must submit a request for reconsideration to the RAC or designee in writing within 5 business days after receipt of the denial notification. The request should include any updated information new to the case, if appropriate. The RAC or designee will provide the requester with a decision within 10 business days of the receipt of the request for reconsideration. If the requester is not satisfied with the RACs or designees response, he or she may appeal the decision using the administrative processes outlined below.

A requester whose reasonable accommodations request has been denied may also pursue statutory or collective bargaining claims, including filing a grievance under the NRCs negotiated grievance procedure or filing a complaint with EEOC. Pursuing a request for reconsideration as identified above does not satisfy the requirements for bringing a statutory or collective bargaining claim, which is discussed in Section 6 below.

6. Reasonable Accommodations and Statutory and Collective Bargaining Claims These reasonable accommodations procedures are in addition to the statutory and collective bargaining protections associated with the denial of reasonable accommodations requests for a person with a disability.

These reasonable accommodations request procedures do not change the requirements that govern the filing of such EEO complaints or a grievance, including the filing deadlines. Applicants and employees whose accommodation requests have been denied have the right to file an EEO complaint and to invoke other statutory processes, as appropriate.

11 An individual who opts to pursue such claims must follow the procedures below to file an EEO complaint or grievance.

Equal Employment Opportunity Complaint. Contact an NRC EEO counselor within 45 days from the date of receipt of the written notice of denial. Staff members involved in requests for reasonable accommodations must recuse themselves from any involvement in the processing of an EEO counseling contact or complaint in connection with that request, where appropriate, or if such involvement creates a conflict of interest.

Questions may be referred to the SBCR staff at (301) 415-7380 or EEOPROGRAMS.resource@nrc.gov.

For further information on procedures for filing EEO complaints, please refer to Management Directive 10.161, Civil Rights Program and Affirmative Employment and Diversity Management Program, dated July 22, 2014. Questions for SBCR may be sent to EEOPROGRAMS.resource@nrc.gov.

Alternative Dispute Resolution Program. Since January 2000, EEOC regulations have required Federal agencies to make an alternative dispute resolution (ADR) program available at both the precomplaint (informal or EEO counseling) stage and formal complaint stage of the discrimination complaint process. The ADR process supplements existing EEO discrimination complaint procedures in an effort to resolve employment discrimination claims. The NRC encourages the use of voluntary informal dispute resolution processes to allow individuals with disabilities to obtain prompt reconsideration of denials of accommodation requests. The NRC is committed to using ADR in cases determined appropriate for ADR as a tool to resolve employment discrimination claims at the earliest stage possible. In compliance with EEOC regulations, the NRC has developed an ADR program that is confidential, informal, nonadjudicative, and nonadversarial to assist employees, managers, and supervisors in reaching mutually acceptable and voluntary resolutions to employment discrimination claims.

SBCR administers the NRCs ADR program through an ADR coordinator. The program is available to all NRC employees and applicants for employment. Refer questions to the SBCR staff at (301) 415-7380 or EEOPROGRAMS.resources@ncrc.gov.

Negotiated Grievance Procedure. File a written grievance in accordance with the provisions of Article 46 of the Collective Bargaining Agreement between the NRC and the National Treasury Employees Union.

The negotiated grievance procedure does not cover applicants and contractors.

7. Information Tracking and Recordkeeping The NRC will keep records that it may use to determine whether the agency is complying with the nondiscrimination and affirmative action requirements imposed under Section 501 of the Rehabilitation Act and will ensure that records are available to the Commission upon request. Applicants and employees can track the process of requests for reasonable accommodations orally or in writing by (1) contacting the RAC or designee and requesting a status on the approval of the reasonable accommodation or (2) submitting a written request to the RAC or designee requesting a status on the approval of the reasonable accommodation.

The NRC shall maintain a system of records that record and track the following information:

the specific reasonable accommodation the job (occupational series, grade level, and agency component) sought by the requesting applicant or held by the employer

12 whether the accommodation was needed to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of employment whether the request was granted or denied the identity of the deciding official the basis of the denial the number of days taken to process the request details on all requests for reasonable accommodation to allow the agency to identify, among other things, the number and types of reasonable accommodations that have been requested in the application process or by employees and whether those requests have been granted or denied (see NRC Form 726B, Reasonable Accommodation Information Reporting Form)

The above recordkeeping is a necessary component of the NRCs efforts to ensure that the agency is processing requests for reasonable accommodations in accordance with the nondiscrimination requirements of Section 501 of the Rehabilitation Act.

8. Reporting The agency will submit the information collected above annually to SBCR as a part of the its EEOC compliance requirements.

9. Posting The agency will post procedures for processing reasonable accommodations requests and personal assistance services (PASs) on its public Web site and will make such procedures available to all job applicants and employees in written and accessible formats.

10. Timeframes for Processing Requests The NRC will process requests for reasonable accommodations and provide accommodations, where appropriate, in as short a timeframe as reasonably possible. If a reasonable accommodation cannot be provided immediately, the agency must provide an interim accommodation whenever possible. Interim accommodations may be necessary to avoid, for example, a worsening of symptoms, exacerbation of a medical condition, or pain. Interim accommodations allow the requesting individual to perform some or all of the essential functions of his or her job when all of the facts and circumstances known to the agency make it reasonably likely that the individual will be entitled to a reasonable accommodation and when it is possible to do so without imposing undue hardship on the agency.

The maximum length of time to either provide a requested accommodation or deny the request for reasonable accommodations absent extenuating circumstances is 30 days, counted from when the accommodation is first requested. However, if an accommodation can be afforded in less than the maximum timeframe, failure to provide an accommodation in a prompt manner may result in a violation of the Rehabilitation Act.

13 Although the NRC recognizes that the time necessary to process a request will depend on the nature of the accommodation requested and the necessity to obtain supporting information, Table 1 lists guidelines that the agency will strive to meet to provide expeditious reasonable accommodations.1 Table 1 Reasonable Accommodations Timeline Action Number of Business Days Acknowledgement of the initial request 1 to 5 days after receipt of request Start of an interactive discussion between the supervisor, the requesting employee, and the RAC or designee 1 to 5 days after receipt of request Initial review of the request to determine whether additional medical documentation is needed 1 to 5 days after receipt of request Decision to approve or deny noncomplex requests (no medical documentation or other outside review is needed) 1 to 5 days after receipt of request Implementation of an approved noncomplex request (no medical documentation or other outside review needed, no furniture or software purchase is needed, and no furniture or software installation is needed) 5 to 10 days after date of request approval Request for additional medical documentation, if needed 6 to 10 days after receipt of request Additional medical documentation deadline 10 to 15 days after date of request for additional medical documentation Receipt of medical documentation and forwarding of documentation, if needed, to FOH for medical review 1 to 5 days after receipt of medical documentation FOH review and completion of written assessment (the time may vary depending on the nature of medical issue presented or whether FOH needs more information) 4 to 5 weeks after receipt of request for medical review Continuation of the interactive discussion to determine an effective accommodations solution among the supervisor, requesting employee, RAC or designee, and other appropriate internal and external stakeholders, where applicable 5 to 10 days after receipt of FOH assessment 1

The timeline in Table 1 is meant solely as a guide to help facilitate the expeditious processing of reasonable accommodations requests. If the agency has made reasonable efforts to promptly process a reasonable accommodations request(s), a missed deadline shall not, in and of itself, constitute a violation of this policy.

14 Action Number of Business Days Decision to approve or deny accommodations and issuance of a written notification to the requesting employee 5 to 10 days after receipt of FOH assessment Implementation of approved accommodations solution for noncomplex cases (no software or furniture needs to be purchased or installed) 5 to 10 days after receipt of written approval Decision on the approval of complex cases (software testing, furniture installation, specialized IT equipment, workplace renovation to the physical building structure) 2 to 8 weeks for accommodation solution to be purchased and installed Submittal of request for reconsideration by the requesting employee if the request is denied 5 days after receipt of denial The RACs or designees consideration of the request for reconsideration and issuance of the decision to the requester in writing 10 days after receipt for a request for reconsideration Request for third-party appeal Any time after receipt of denial in accordance with EEOC and CBA guidelines Maximum timeframe for processing requests absent extenuating circumstances 25 days Maximum timeframe for providing the approved accommodation absent extenuating circumstances 10 days In addition, reasonable accommodations requests can be expedited in appropriate cases. Expedited processing might be necessary if, for example, reasonable accommodations are needed to enable the requester to apply for a job or if reasonable accommodations are needed for a specific NRC activity, such as a meeting, that is scheduled to occur shortly.

Extenuating Circumstances. Extenuating circumstances cover situations in which unforeseen or unavoidable events prevent prompt processing and delivery of accommodations. These are factors that could not reasonably have been anticipated or avoided in advance of the request for accommodations.

When extenuating circumstances are present, the time for processing a request for reasonable accommodations and providing the accommodations will be extended as reasonably necessary. The NRCs policy is to limit time extensions based on extenuating circumstances to situations in which such extensions are strictly necessary. The unavailability of a particular staff member is not considered an extenuating circumstance and will not be considered sufficient to justify a delay in processing or providing an accommodation. All NRC staff members are expected to act as quickly as reasonably possible in processing requests and providing accommodations.

The following are examples of extenuating circumstances:

15 Medical evidence or additional medical evidence is needed for cases in which the disability or need for the particular accommodation is not obvious.

The purchase of equipment may take longer because of requirements under Federal acquisition regulations.

Equipment may be backordered, the vendor that is typically used for goods or services has unexpectedly gone out of business, or the vendor cannot promptly supply the needed goods or services and another vendor is not immediately available.

The employee with a disability needs to work with equipment on a trial basis to ensure that it is effective before the agency purchases it.

New staff members need to be hired or contracted, or the implementation of accommodations involves the removal of architectural barriers.

If extenuating circumstances are present, the RAC or designee must notify the individual as soon as possible of the reason for the delay and approximate date on which a decision on, or provision of, the reasonable accommodations is expected.

When all facts and circumstances known to the agency make it reasonably likely that the individual will be entitled to an accommodation but the accommodation cannot be provided immediately, the agency will provide the individual with an interim accommodation that allows him or her to perform some or all of the essential functions of the job, absent undue hardship. Any further developments or changes should also be communicated promptly to the individual. If the implementation of accommodations that have been approved is delayed, the RAC or designee will provide interim accommodations to allow the requester to perform some or all of the essential functions of the job, absent undue hardship. Providing the requested accommodations on a temporary basis or providing alternative accommodations could be done (1) if it does not interfere with the operations of the NRC and (2) if the employee is clearly informed that it is being provided only on a temporary, interim basis.

For example, the receipt of adaptive equipment for an employee with a vision disability may be delayed.

During the delay, the supervisor might arrange for other employees to act as readers. This temporary measure may not be as effective as the adaptive equipment, but it will allow the employee to perform as much of the job as possible until the equipment arrives.

If a delay is attributable to the need to obtain or evaluate medical documentation and if the agency has not yet determined whether the individual is entitled to accommodations, the individual should be instructed to forward the appropriate medical documentation to the agency.

The RAC or designee will coordinate with the appropriate parties on more complex requests, such as those needing additional medical review when the disability or need for the accommodation is not obvious, those that overlap into the performance and conduct arena, or those for which internal or external stakeholders are relied upon to provide the request (e.g., the installation of pushbuttons for doors). In general, OCHCO needs approximately 5 business days for the initial review of such requests.

16

11. Request for Sign Language Interpreting Services Hearing-Impaired Employees. All hearing-impaired employees are responsible for requesting interpreter services if needed for any meetings or training that they plan to attend, absent NRC/officewide events, extenuating circumstances, and confidential meetings requested by other offices. A hearing-impaired employee should make all interpreter service requests 2 weeks in advance (when possible) with all meeting or training details. Attempts will be made to fill all requests as best as possible, depending on the availability of an interpreter.

All requests for sign language interpreting services should include the event title; date; starting time; ending time; location; description; and any agenda, handouts, or supporting materials.

The information given helps the interpreter services to provide the best service for the meeting or training. Incomplete information in the request may cause a delay in assigning an interpreter(s).

The requester should enter any changes or updates to requests through the SharePoint calendar. If a new request is added or if a request is changed or updated within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> or less of the start of the request, the requester should enter the request or change into the calendar immediately and send an e-mail to scheduledsls@gmail.com and to the RAC or designee at Reasonable_Accomodations.Resource@nrc.gov.

When the notice is within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> or less, interpreters may not always be available, and the requester may need to consider rescheduling the meeting if possible or using an alternative accommodation.

If a meeting or training is expected to last longer than 60 minutes, arrangements must be made for at least two interpreters to provide sufficient rest periods, including a sign-free lunch break if necessary. A break during a meeting or event does not constitute a rest period for the interpreter if he or she is expected to continue working (e.g., hearing-impaired and hearing parties may wish to communicate during the break and may want the interpreter to facilitate the exchange).

Other NRC Staff and Individual Offices. The individual office or event organizer should request interpreter services for NRC/officewide events, such as, but not limited to, NRC/office all-hands meetings and the Regulatory Information Conference. The individual office or event organizer is responsible for submitting a request to the RAC or designee at least 2 weeks in advance of the event. This may not always be possible; however, the RAC or designee will make every effort possible to accommodate requests. However, when the notice is within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> or less, interpreters may not always be available, and the requesting office or event organizer may be forced to consider rescheduling the meeting if possible or using an alternative accommodation.

The requesting offices POC should request interpreter services for confidential meetings (i.e., with the Office of the Inspector General, SBCR, OGC, and OCHCO). The requesting offices POC should contact the RAC or designee to make arrangements for such meetings. When the requesting offices POC contacts the RAC or designee, the name of the individual requiring the interpreting services should not be provided. However, the date, starting time, ending time, and location of the meeting should be given.

Requests for interpreter services for a job applicant should be requested through the RAC or designee either by the job applicant, a human resources specialist, or the requesting offices POC.

17 If a meeting is expected to last longer than 60 minutes, arrangements must be made for at least two interpreters to provide sufficient rest periods, including a sign-free lunch break if necessary. A break during a meeting or event does not constitute a rest period for the interpreter if he or she is expected to continue working (e.g., hearing-impaired and hearing parties may wish to communicate during the break and may want the interpreter to facilitate the exchange). The agencys requests for sign language interpreting services should be sent to the RAC or designee through e-mail to Reasonable_Accommodations.Resource@nrc.gov.

Last-minute requests or changes to previous requests made by the NRC staff (i.e., those within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> or less) should be sent through e-mail to scheduledsls@gmail.com with a courtesy copy to the RAC or designee at Reasonable_Accomodations.Resource@nrc.gov. In addition, all requests for sign language interpreting services should include the event title; date; starting time; ending time; location; description; and any agenda, handouts, or supporting materials.

NRC employees or contractors who know sign language or who are taking a sign language class are not considered acceptable substitutes for professional contract interpreters.

Escorting Sign Language Interpreters or Transcribers. Escorting unbadged interpreters is the responsibility of the requester of the interpreting services. If the requester is a hearing-impaired employee, he or she will be responsible for entering the interpreter into the NRC visitors system and providing the appropriate escort. If an NRC staff member submits the request for sign language interpreting services to support an NRC/officewide event (as explained above), the NRC staff member will be responsible for entering the interpreter information into the NRC visitors system and providing the appropriate escort. The RAC or designee will let the requester know if an interpreter needs to be escorted and will only provide escorting services in emergency situations, whereby the requester or requesting office cannot find any other backup escort.

Work Events outside of the Workplace. The agency will provide an interpreter for hearing-impaired employees who, as a part of their job, attend a meeting or event outside of the workplace.

Requests for work events outside of the workplace are submitted in the same manner as that for hearing-impaired employees who request interpreting services, as stated above.

Interpretation of Telephone Calls. Assistance is available for staff when a sign language interpreter is unavailable. For those staff who require assistance, the Maryland Relay Service is available by dialing 7-1-1.

More information is available at https://doit.maryland.gov/mdrelay/Pages/default.aspx. In addition, a videophone at 240-428-3217 has replaced the telecommunications device for the deaf to assist disabled callers from the public and disabled employees.

12. Personal Assistance Services Section 501 of the Rehabilitation Act requires Federal agencies to provide PASs to employees who, because of targeted disabilities, require assistance in order to be at work or to participate in work-related travel unless doing so would impose undue hardship. PASs are services that help individuals with disabilities perform activities of daily living that otherwise prevent them from being able to work, including, for example, assistance with removing and putting on clothing, eating, and using bathroom facilities. However, such services do not include medical care and do not need to be provided by someone who has medical training or qualifications.

18 Requests for PASs, the process for determining whether such services are required, and the agencys right to deny such requests when provision of the services would pose an undue hardship are the same as the requests for reasonable accommodations outlined in Section 1 of this document.

13. Costs and Agency Resources Before denying an accommodation based on cost, officials who decide requests for accommodations or who make hiring decisions must consider all resources available to the agency as a whole, with the exclusion of those designated by statute for a specific purpose that does not include reasonable accommodation. The RAC must train officials who are responsible for granting or denying requests on how to arrange for the use of agency resources to provide the particular accommodation, including any centralized funding the agency may have for that purpose.

14. Reasonable Accommodations Resources EEOC (https://www.eeoc.gov) provides reasonable accommodations resources.

EEOCs Publication Center has many free documents on the Title I employment provisions of the ADA, including both the statute (42 U.S.C. 12101 et seq. (1994)) and the regulations at 29 CFR Part 1630, Regulations To Implement the Equal Employment Provisions of the Americans with Disabilities Act. In addition, EEOC has published a great deal of basic information about reasonable accommodations and undue hardship. The two main sources of interpretive information are the following:

(1) the interpretive guidance that accompanies Title I, General Provisions, of the regulations (also known as the appendix to the regulations); 29 CFR 1630.2(o);

29 CFR 1630.2(p); and 29 CFR 1630.9, Not Making Reasonable Accommodation (2)

A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act, EEOC-M-1a, issued January 1992, which includes a 200-page resource directory of Federal and State agencies and disability organizations that can provide assistance in identifying and locating reasonable accommodations The following provide other resources and information about reasonable accommodations and potential accommodation solutions:

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act (https://www.eeoc.gov/policy/docs/accommodation.html)

Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations (https://www.eeoc.gov/policy/docs/preemp.html)

EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employee under the Americans with Disabilities Act (ADA)

(https://www.eeoc.gov/policy/docs/guidance-inquiries.html)

19 Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (https://www.eeoc.gov/policy/

docs/accommodaiton_procedures.html)

Job Applicants and the Americans with Disabilities Act (https://www.eeoc.gov/facts/

jobapplicant.html)

The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 (https://www.eeoc.gov/policy/docs/fmlaada.html)

Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers (https://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm)

Understanding Your Employment Rights under the Americans with Disabilities Act (ADA): A Guide for Veterans (https://www.eeoc.gov/eeoc/publications/ada_veterans.cfm)

CAP (https://www.cap.mil/)

Job Accommodation Network (800-526-7234 (voice), 877-781-9403 (teletypewriter))

(https://www.askjan.com/)

A-1 APPENDIX A KEY TERMS AND DEFINITIONS Computer/Electronic Accommodations Program. A program administered by the U.S. Department of Defense (DoD) that the U.S. Nuclear Regulatory Commission (NRC or the agency) uses to procure assistive technology, devices, software, and services for its employees. Note that some items and services are available only to DoD employees.

Direct Threat. Significant risk of substantial harm to a disabled individual or other. Reasonable accommodations that would lower that risk do not exist.

Disability. A physical or mental impairment that substantially limits one or more major life activities.

Essential Functions. Those duties that are so fundamental to a particular position that the individual holds or desires such that he or she cannot successfully fulfill the requirements of a position without being able to perform them. A function can be essential if, among other things, the position exists specifically to perform that function, a limited number of employees can perform the function, or the function is so specialized that the individual is hired based on his or her ability to perform it.

Federal Occupational Health. A nonappropriated agency within the Program Support Center of the U.S.

Department of Health and Human Services that works in partnership with Federal organizations nationally and internationally to design and deliver comprehensive occupational health solutions exclusively to Federal employees.

Interactive Process. The ongoing interactive discussions that take place among the RAC or designee, the supervisor, and the requester to identify and provide effective accommodations solutions for the purpose of resolving requests for reasonable accommodations.

Job Accommodation Network. An organization that provides advice on reasonable accommodations solutions.

Major Life Activity. Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, standing, eating, lifting, bending, learning, reading, concentrating, thinking, communicating, sitting, reaching, interacting with others, breathing, learning, and working and major bodily functions involving the immune system, normal cell growth, digestive system, bowel, bladder, nervous system, brain, circulatory system, respiratory system, endocrine system, hemic system, lymphatic system, musculoskeletal system, special sense organs and skin, genitourinary system, reproductive system, and cardiovascular system. This list is not all-inclusive but is representative of the types of activities that are considered major life activities.

Personal Assistance Services. Services that assist with performing activities of daily living that an individual would typically perform if he or she did not have a disability and that are not otherwise required as a reasonable accommodation (e.g., assistance with removing and putting on clothing, eating, and using the restroom).

Personal Assistance Service Provider. An employee or independent contractor whose primary job functions include providing individuals with targeted disabilities assistance with daily personal life activities while at work and on job-related travel.

A-2 Qualified Individual with a Disability. An individual with a permanent or temporary disability who satisfies the requisite skill, experience, education, and other job-related requirements of the position that the individual holds or desires to hold and who can perform the essential functions of the position with or without reasonable accommodations.

Reasonable Accommodations. Modifications or adjustments to the job application process that enable a qualified applicant with a disability to be considered for a desired position, modifications or adjustments to the work environment or the manner or circumstances under which the position held or desired is customarily performed that enable a qualified individual with a disability to perform the essential functions of that position, or modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment like those that other similarly situated employees without disabilities enjoy.

Reasonable Accommodation Coordinator (RAC). The NRC Office of the Chief Human Capital Officer representative who serves as the central point of contact for requests for reasonable accommodations and who provides assistance to employees and supervisors in considering such requests. The RAC or designee also tracks requests and produces reports on reasonable accommodations activities within the NRC. The RAC may also designate others to act as the RAC.

Reassignment. A form of reasonable accommodations that, absent undue hardship, may be provided to employees (not applicants) who, because of a disability, can no longer perform the essential functions of the job with or without reasonable accommodations. Reassignments are made only to vacant funded positions and are only provided to employees who are qualified for the new position. If the employee is qualified for the position, he or she may be reassigned to the job without competition. By definition, reassignments may only be made to a position of equal or lower grade.

Requester. An employee, contractor, family member, NRC staff member, medical provider, or other employee representative who expresses the need for a change in the working environment because of a medical condition for the purposes of obtaining a reasonable accommodation from the NRC.

Substantial Limitation of a Major Life Activity. The inability to perform a major life activity that the average person in the general population can perform, or significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the average person in the general population.

Targeted Disability. A disability that is designated as a targeted disability or health condition on the U.S.

Office of Personnel Managements Standard Form 256, Self-Identification of Disability, or that falls under one of the first 12 categories of disabilities listed in Part A of Question 5 of the Equal Employment Opportunity Commissions Demographic Information on Applications form.

Undue Hardship. A significant difficulty or expense incurred by the NRC. The agency considers the following factors in determining whether accommodations pose an undue hardship on a case-by-case basis:

the nature and net cost of the reasonable accommodation on the operations of the agency

A-3 the overall financial resources of the facility involved the number of persons employed at such facilities and the effect on expenses and resources the overall financial resources of the agency the type of operation of the agency, including the composition, structure, and function of the workforce and the geographic dispersion and relationship of the facility to the agency the impact of the accommodations upon the operation of the facility

B-1 APPENDIX B MEDICAL INFORMATION CONFIDENTIALITY Under the Rehabilitation Act of 1973, as amended (Rehabilitation Act), medical information obtained in connection with the reasonable accommodations process must be kept confidential.

All medical information, including information about functional limitations and reasonable accommodations needs, obtained in connection with requests for reasonable accommodations and medical information unrelated to the reasonable accommodations process must be kept in secure files separate from the individuals personnel file. Any U.S. Nuclear Regulatory Commission (NRC) employee who obtains or receives such information is strictly bound by these confidentiality requirements.

Information regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, in accordance with Title 29 of the Code of Federal Regulations (29 CFR) 1630.14, Medical Examinations and Inquiries Specifically Permitted. The reasonable accommodation coordinator (RAC) or designee will maintain custody of all records obtained or created during the processing of requests for reasonable accommodations, including medical records, and will respond to all requests for disclosure of the records.

Agency officials must not store medical records in their own separate files; instead, they must forward them to the RAC for storage. All records will be maintained in accordance with the Privacy Act of 1974 and the requirements of 29 CFR Part 1611, Privacy Act Regulations.

This information may be disclosed only as follows:

Agency officials and managers who need to know (including the RAC or designee as the deciding official who requested the medical information) may be told about necessary restrictions on the work or duties of the employee and about the necessary accommodations; however, medical information should only be disclosed if such disclosure is strictly necessary.

First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.

Government officials may be given information necessary to investigate the agencys compliance with the Rehabilitation Act.

The information may, in certain circumstances, be disclosed to workers compensation offices or insurance carriers.

When medical information is disclosed, the individual disclosing the information must inform the recipients of the information of the confidentiality requirements that are attached to it and must advise them to follow all pertinent procedures according to the regulations and policy.

B-2 NRC FORM 726 U.S. NUCLEAR REGULATORYCOMMISSION (03-2017)

CONFIRMATION OF REQUEST FOR REASONABLE ACCOMMODATION Employee or Applicant Name Applicant Employee Program Office (Division/Branch)

Office Telephone Number Office or Room Number Mailstop Employee's Immediate Supervisor Please provide a brief summary of your request for accommodation (for record keeping purposes only) and forward this form to the Reasonable Accommodations Coordinator (RAC), 3WFN-3A12M. (Be as specific as possible (e.g., adaptive equipment, work space modifications, work schedule modifications, removal of architectural barriers).)

Please provide the reason for the request. Is the request for a temporary or a permanent need? If a temporary need, how long is the request needed?

If the accommodation is time sensitive, please explain.

Requestor's Signature Date

B-3 RAC or RAC Designee's Signature of Acknowledgement of Receipt Date NRC FORM 726A U.S. NUCLEAR REGULATORY COMMISSION (11-2018)

DENIAL OF REASONABLE ACCOMMODATION REQUEST (Please complete numbers 1-4. Complete number 5, if it applies)

1. Name of individual requesting reasonable accommodation:

2. Type(s) of reasonable accommodation requested:

3. Request for reasonable accommodation denied because: (may check more than one box)

Accommodation Ineffective Accommodation Would Cause Undue Hardship Medical Documentation Inadequate Accommodation Would Require Removal of an Essential Function Accommodation Would Require Lowering of Performance or Production Standard Other (Please identify):

4. Detailed reason(s) for the denial of reasonable accommodation (must be specific (e.g., why the accommodation is ineffective or causes undue hardship)):

B-4

5. If the individual proposed one type of reasonable accommodation, which is being denied, and rejected an offer of a different type of reasonable accommodation, explain both the reasons for denial of the requested accommodation and why you believe the chosen accommodation would be effective.

NRC FORM 726A (11-2018) Page 1 of 2

B-5 NRC FORM 726A U.S. NUCLEAR REGULATORY COMMISSION (11-2018)

DENIAL OF REASONABLE ACCOMMODATION REQUEST (Continued)

(Please complete numbers 1-4. Complete number 5, if it applies)

6. If an individual wishes to request reconsideration of this decision, she/he may take the following steps:

(1) First, ask the supervisor or other deciding official to reconsider the decision. Requests for reconsideration should be in writing. Additional information in support of the request for reconsideration can be submitted at this time or within 5 days of submission of the request for reconsideration. The supervisor or other deciding official must provide a written response within 5 business days.

(2) If the supervisor or deciding official does not reverse the denial, the individual may appeal the decision to the next level manager in the individuals chain of command. The next-level manager must provide the individual a written response within 10 days.

(3) If an individual wishes to appeal the decision of the next-level manager, she/he may appeal using one of the forums listed in item #7.

7. If an individual wishes to file an Equal Employment Opportunity (EEO) complaint, or pursue Merit Systems Protection Board and union grievance procedures, she/he must take the following steps:

(1) For an EEO complaint pursuant to 29 CFR Part 1614, contact an EEO counselor in the Office of Equal Opportunity within 45 days from the date of this notice of denial of reasonable accommodation; or (2) For a collective bargaining claim, file a written grievance in accordance with the provisions of the collective bargaining agreement; or (3) Initiate an appeal to the Merit Systems Protection Board within 30 days of an appealable adverse action as defined in 5 CFR 1201.3.

Name of deciding official:

Signature of deciding official:

Date reasonable accommodation denied: (MM/DD/YYYY)

NRC FORM 726A (11-2018) Page 2 of 2

B-6 NRC FORM 726B U.S. NUCLEAR REGULATORY COMMISSION (11-2018)

REASONABLE ACCOMMODATION INFORMATION REPORTING FORM Name of Requestor:

Office of Requesting Individual: (Choose from the drop down list or fill in)

Select Office, Region, or Fill in

1. Reasonable accommodation: (Check one box)

Approved Denied (If denied, attach copy of written denial letter/memo.)

2. Date the reasonable accommodation was requested: (MM/DD/YYYY)

Name of the person who received the request:

3. Date reasonable accommodation request was referred to the decision maker: (The immediate supervisor or other properly designated official (e.g.,

Office Director, reasonable accommodation coordinator)) (MM/DD/YYYY)

Name of decision maker:

4. Date reasonable accommodation was approved or denied: (MM/DD/YYYY)

5. Date reasonable accommodation approved: (If different from date approved) (MM/DD/YYYY)

6. If time frames outlined in the Reasonable Accommodations Procedures were not met, please explain why.

7. Job held or desired by individual requesting accommodations: (Include occupational series, grade level, and office)

B-7

8. Reasonable accommodation needed for: (Check one box)

Application Process Performing Job Functions or Accessing the Work Environment Accessing a Benefit or Privilege of Employment (e.g., attending a training program or social event)

NRC FORM 726B (11-2018) Page 1 of 2

B-8 NRC FORM 726B U.S. NUCLEAR REGULATORY COMMISSION (11-2018)

REASONABLE ACCOMMODATION INFORMATION REPORTING FORM (Continued)

9. Type(s) of reasonable accommodation requested (e.g., adaptive equipment, staff assistant, removal of architectural barrier):

10. Type(s) of reasonable accommodation provided (if different from what was requested):

11. Was medical information required to process this request? If yes, explain why.

12. Sources of technical assistance, if any, consulted in trying to identify possible reasonable accommodations (e.g., Job Accommodation Network, disability organization, disability program manager):

13. Comments:

Typed or Printed Name:

Signature:

Telephone Number: (Enter 10 numeric digits)

Date Submitted: (MM/DD/YYYY)

Attach copies of ALL documents obtained or developed in processing this request.

NRC FORM 726B (11-2018) Page 2 of 2