Management Directive 110 

and ADR

Victor Voloshin, Chief Mediation Officer 

U.S. Equal Employment Opportunity Commission 
What is Management Directive 110?

Management Directive 110 (“MD-110”) is a guidance 

issued by EEOC to provide detailed procedures 

under 29 CFR Part 1614 (“1614 regs”) for the 

processing of complaints of discrimination filed by 

federal employees and applicants for federal 

employment.

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Background

• 2004 – EEOC creates a workgroup to analyze 

improvements to the EEO complaint process

• 2009 – Notice of proposed rulemaking (NPRM) to change 

federal sector EEO complaint processing

• 2012 – Final rule is published in the Federal Register, 

revising 1614 regulations

• 2014 – Proposed MD-110 revisions are sent out for 

comments from agencies and public

• 2015 – EEOC approves MD-110 revisions

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Revised MD-110

Current revisions can be categorized into three 

categories:

• Implementation of Revised Regulations 

• Conflict of Interest

• General Updates & Clarifications

PLUS 

• Changes affecting ADR

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Dealing with Non-Compliance

Chapter 1, Section IX establishes a three-step process to 

address issues of non-compliance with EEOC rules, 

regulations, orders, Management Directives, Bulletins, or 

any other instructions issued by the Commission:

• Notice to the agency of non-compliance

• Written notice to agency head

• Public notification of non-compliance

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Establishing Pilot Projects

• Chapter 1, Section X permits EEOC to grant agencies variances 

to conduct pilot projects for processing complaints in other 

than prescribed ways

• Pilot can be run for 24 months with 12-month extension

• Pilot Process:

– Annual request for pilot authority period (during 2nd quarter of the 

fiscal year)

– Office of Federal Operations review and recommendation period

– Commission review and vote period (3rd quarter)

– Agencies notified of Commission determination

– Pilot must begin the first quarter of the next fiscal year

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Proposed Actions and Retaliation

Chapter 5, Section IV(A)(10) provides for dismissal of 

alleged discrimination by proposed personnel actions or 

preliminary steps before taking personnel actions.

However, if Complainant alleges that proposed action or 

preliminary step was taken in retaliation, then complaint 

should not be dismissed automatically.

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Notice of Incomplete Investigation

Chapter 5, Section V(C) provides that if the agency fails to 

complete the investigation in a timely manner, it shall issue 

written notice to complainant informing the complainant of 

its failure, the estimated date of completion and 

complainant’s right to file a civil action or request a hearing.

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Other Regulatory Revisions

• Chapter 9, Section IX(A)(2) gives the agencies 120 days to 

provide ordered relief.

• Chapter 9, Section IX(F) provides that in appeals alleging 

breach of settlement agreements EEOC can order 

compliance or that the complaint be reinstated from the 

point processing ceased.

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Breach of Settlement Agreement

• Under footnote to Chapter 10, Section II(A)(3), complainant shall notify 

the agency in writing of the alleged noncompliance within 30 days of 

when complainant knew or should known of the alleged noncompliance. 

• Under Chapter 10, Section II(A)(3), if the agency doesn’t make 

determination within 35 days, then complainant can appeal to EEOC. If 

the agency makes determination, then complainant can appeal to EEOC 

within 30 days of determination.

• Under Chapter 9, Section IX(F), where a complaint is reinstated for further 

processing, parties will be returned to the status quo ante at the time they 

entered into the settlement agreement, and complainant will have to 

return any benefits received pursuant to the agreement.

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Conflicts of Interest

Chapter 1, Section IV deals with potential conflicts of 

interest in processing federal sector EEO complaints. It 

specifically addresses:

• EEO and HR conflicts 

• Complaint processing of matters involving EEO officials or 

high-level agency officials

• Conflicts between agency’s defensive and EEO functions

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Avoiding Conflicts of Interest

Chapter 1, Section IV(C) discusses how to avoid conflicts of 

interest in the EEO process:

• Agencies can make informal or formal arrangements with 

third parties (e.g., see Appendix A)

• Agencies should assess the stages of the EEO complaint 

process at which the assistance of a third party would be 

most effective, including EEO ADR.

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General Updates and Clarifications

• A federal sector EEO history piece (Preamble)

• Case law updates throughout document (specific reference 

to the Macy decision and processing claims of sexstereotyping)

• Inclusion of GINA 

• A stand-alone remedies chapter (Chapter 11)

• Four new Appendices – Conflict Agreement (App. A), 

Incomplete Investigation Notice (App. K), Complaint File 

Format (App. L), and Documentation for Compliance 

Reference (App. Q)

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ADR in Chapter 2 of MD-110

• Section I(E) discusses EEO ADR and counseling

• Section II requires counselor training on agency’s 

informal and formal ADR processes (in both, initial 32-

hours and annual continuing training)

• Section V provides further explanation of the 

purpose of the “limited inquiry” during the EEO 

counseling process

• Section VII clarifies use of the ADR program during the 

counseling process

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ADR in Chapter 3 of MD-110

• Section I defines “parties”

• Section II(A)(1) defines “voluntariness”

• Section II(A)(3) deals with “confidentiality”

• Section III(A) provides minimum written ADR procedures

• Section III(A)(9) clarifies that in ADR the Responsible 

Management Official cannot be the agency’s Settlement 

Official

• Section III(C) discusses matters inappropriate for EEO ADR

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ADR in Chapter 3 of MD-110 (cont’d)

• Sections III(E) and VI discuss various ADR techniques and 

combinations of techniques. Agencies have flexibility but 

must offer at least one ADR technique that allows for a 

meaningful participation of the parties (e.g., mediation, 

facilitation, settlement conference)

• Section V(A) discusses sources of neutrals and cautions when 

one person performs multiple roles, such as counselor, 

investigator, and ADR neutral.

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Independent ADR Office

• Sections III(K) defines an “Independent ADR Office” as an 

office that functions independently of the traditional EEO 

Office. In addition to EEO disputes, an Independent ADR 

Office may attempt to informally resolve a variety of 

workplace concerns, such as, grievances, or general employee 

disagreements.

• The Commission encourages the implementation of an 

Independent ADR Office as a best practice. 

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Independent ADR Office (cont’d)

• While employees may go directly to the Independent ADR 

Office without first meeting with the EEO Counselor, an 

independent ADR office is not an office for the purpose of 

initiating the EEO process

• Where an agency permits ADR office employees to perform 

any collateral EEO duty (no matter how small or infrequent), 

the ADR office is no longer independent and any contact by 

an aggrieved party with the ADR office staff will initiate the 

traditional EEO process, including EEO counseling and Form 

462 reporting. 

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ADR Elsewhere in MD-110

• Chapter 1, Section V requires, and provides rationale for, 

designation of the individual with settlement authority to 

participate in ADR. 

• Chapter 11 “Remedies” sets forth guidance on remedies 

to include back pay, front pay, attorney’s fees and costs, 

awards of compensatory damages, and other forms of 

equitable relief.

• Chapter 12 “Settlement Authority”

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Contact Information

Victor Voloshin, Esq.

Chief Mediation Officer

U.S. Equal Employment Opportunity Commission

Direct phone 202-663-4095

E-mail Victor.Voloshin@eeoc.gov

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