[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR7.5]



[Page 115-117]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 7_EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS

--Table of Contents

 

  Subpart A_Equal Employment Opportunity Without Regard to Race, Color 

       Religion, Sex, National Origin, Age, Disability or Reprisal

 

Sec.  7.5  EEO Alternative Dispute Resolution Program.



    In accordance with the Secretary's Policy Statement regarding 

Alternative Dispute Resolution (ADR) located on the Department's website 

and 29 CFR 1614.102(b)(2), the Department shall establish and maintain 

an ADR program that addresses, at a minimum, EEO matters at the pre-

complaint and formal complaint stages of the EEO process. ADR is a non-

adversarial process that does not render a judgment with respect to the 

dispute. With the assistance of an impartial and neutral



[[Page 116]]



third party, ADR offers parties involved the opportunity to reach early 

and informal resolution of EEO matters in a mutually satisfactory 

fashion.

    (a) Program availability. In appropriate cases, the EEO ADR Program 

is made available to an aggrieved person or Complainant during the pre-

complaint and the formal complaint processing periods. Participation in 

the program by the parties is knowing and voluntary. Agency managers 

have a duty to cooperate in an ADR proceeding once the agency has 

determined that a matter is appropriate for ADR and the aggrieved 

person/complainant has elected to participate in ADR. At the formal 

stage, the complainant may request participation in the ADR Program. 

However, a determination of the appropriateness of ADR at the time of 

the request will be made on a case-by-case basis by the appropriate 

ODEEO official designated by the Director of EEO and does not affect the 

processing of the formal complaint, including the investigation.

    (b) EEO ADR program procedures. The ODEEO shall establish and 

maintain all EEO ADR Program procedures which include appropriate 

consultations.

    (c) ADR training. Training and education on the EEO ADR Program will 

be provided to all Department employees, managers and supervisors, and 

other persons protected under the applicable laws.

    (d) Pre-complaint ADR election process. The appropriateness of a 

particular EEO matter or EEO complaint for the Department's ADR Program 

shall be determined on a case-by-case basis by the ODEEO official 

designated by the Director of EEO. The EEO Counselor shall advise the 

aggrieved person that the aggrieved person may choose between 

participation in the EEO ADR Program or the EEO traditional counseling 

activities provided for at 29 CFR 1614.105(c). The aggrieved person's 

election to proceed through ADR instead of EEO counseling is final.

    (e) ADR counseling requirements. (1) The minimum information to be 

provided by the EEO Counselor about the Department's ADR Program 

includes the following:

    (i) Definition of the term ADR;

    (ii) An explanation of the stages in the EEO process at which ADR 

may be available;

    (iii) A description of the ADR technique(s) used by the Department;

    (iv) A description of how the program is consistent with the EEO ADR 

core principles that ensure fairness and require voluntariness, 

neutrality, confidentiality, and enforceability;

    (v) An explanation of procedural and substantive alternatives; and

    (vi) All time frames for the EEO administrative process including 

ADR.

    (2) The EEO Counselor shall have no further involvement in resolving 

the EEO matter after the referral to the EEO ADR program.

    (f) Extension of pre-complaint processing period for ADR. Where the 

aggrieved person chooses to participate in ADR, the pre-complaint 

processing period shall not exceed 90 days from the date of initial 

contact with the EEO Office.

    (1) The aggrieved person shall be informed in writing by the EEO 

Counselor, no later than the thirtieth day after contacting the EEO 

Counselor, of the right to file a discrimination complaint, if the 

matter presented by the aggrieved person has not been resolved.

    (2) Prior to the end of the 30-day period from the date of initial 

contact with the EEO Office, the aggrieved person may agree, in writing, 

with the Department to postpone the final interview and extend the pre-

complaint period for an additional period of no more than 60 days if the 

matter is not resolved. If the matter has not been resolved before the 

conclusion of the agreed extension, the notice of right to file a 

discrimination complaint shall be issued no later than the 90th day of 

initial contact with the EEO Office. The notice shall inform the 

aggrieved person of the right to file a discrimination complaint within 

15 days of receipt of the notice, of the appropriate official with whom 

to file a complaint and of the aggrieved person's duty to assure that 

the Department is informed immediately if the aggrieved person retains 

counsel or a representative and if the aggrieved person changes address.

    (g) EEO ADR Program's relationship to negotiated grievance, MSPB 

appeal and



[[Page 117]]



administrative grievance procedures. Participation in the EEO ADR 

program does not preclude the aggrieved person or Complainant from 

exercising rights under any of the Department's other complaint or 

appeal procedures, when no resolution is reached. When participation in 

ADR results in a settlement agreement and the aggrieved person or 

Complainant believes the Department has failed to comply with its terms, 

the aggrieved person or Complainant may exercise the right of appeal 

pursuant to 29 CFR 1614.504.



                            Responsibilities