The Dilemma Posed By Non-EEO ADR
June 06, 2023 by Dale Bird
What should your non-EEO alternative dispute resolution (ADR) program look like, and where should it live? In the past, the number of non-EEO ADR cases most agencies dealt with was so small, it didn’t matter if they were handled in the EEO office, the Office of General Counsel, the Ombudsman, or somewhere else. With numbers on the rise, however, agencies must determine if their current processes are sufficient and what, if anything, they need to change.
Conflict-free Workplaces
Equal Employment Opportunity (EEO) policies are critical for ensuring a workplace free from discrimination. However, there are situations that arise in the workplace that do not fall under the purview of EEO policies, such as disputes between co-workers or grievances related to workplace policies. These cases can be handled through ADR programs. While both EEO ADR and non-EEO ADR programs aim to resolve workplace disputes through mediation, arbitration, or other means, there are some key differences in the procedures and regulations that apply to each type of program.
EEO ADR programs deal with disputes related to issues such as discrimination, harassment, and retaliation in the workplace. EEO ADR programs are subject to strict regulations and guidelines established by the Equal Employment Opportunity Commission (EEOC) and other federal agencies.
Non-EEO ADR programs, on the other hand, deal with challenges that are not related to EEO issues, such as disputes related to workplace policies, performance evaluations, or interpersonal conflicts between employees. Non-EEO ADR programs may have more flexibility in their design and implementation, and their outcomes are typically not legally binding.
Potential Offices for Housing a Non-EEO ADR Program
ADR programs can be housed in various places, including the EEO office, the Office of General Counsel, or the Ombudsman's office. But because the factors influencing non-EEO ADR cases differ from those that govern EEO ADR, agencies must weigh the advantages and disadvantages of each location:
- The EEO office is responsible for enforcing EEO policies and handling complaints related to discrimination and harassment. It is a natural fit for it to manage the ADR program for EEO cases, as it can ensure consistency and compliance with EEO policies. However, the EEO office may not have the resources to handle non-EEO ADR cases effectively.
- The Office of General Counsel provides legal advice to the agency and represents the agency in legal matters. Including the ADR program within this office can ensure legal compliance and protection from liability. However, it may not be the best-suited office for managing non-EEO ADR cases, which may not involve legal issues.
- The Ombudsman's office is responsible for providing confidential and informal assistance to employees in resolving workplace disputes. It is an ideal location for an ADR program, as it can provide an independent and neutral party to assist in resolving disputes. However, the Ombudsman's office may not have the authority to enforce agreements reached through the ADR process.
Matching Resources to the Non-EEO ADR Challenge
Non-EEO ADR programs are an essential tool for resolving workplace disputes and grievances. The program should have clear policies and procedures that outline the types of disputes that are eligible for ADR, the ADR process, and the roles and responsibilities of all parties involved. It should also have proper documentation and record-keeping procedures to ensure compliance with regulations and should capture data to be used in evaluating the program's effectiveness.
When deciding where to locate a non-EEO ADR program, it can be helpful to look at historical data to understand the types of disputes that have occurred in the past, as this may be indicative of future trends. This background can help guide the selection of the appropriate office based on its available expertise and resources.
The implications of where and how the respective programs are managed can be significant. If an agency fails to manage its non-EEO ADR program effectively, it may result in unresolved disputes, decreased morale, and increased turnover. It can also expose the agency to legal risks and liabilities. While different agencies may come to different conclusions about where to house their non-EEO ADR program, it is critical to think carefully about which office has the knowledge, resources, and authority to make this valuable workplace program most successful.