Memorandum 

Subject: 

From: 

INFORMATION: Communication 

with Management Officials and 

Managers in the Equal Employment 

Opportunity {EEO) Complaint 

Process 

To: Associate Administrators 

Chief Counsel 

Chief Financial Officer 

Director, Innovative Program Delivery 

Directors of Field Services 

Federal Lands Highway Division Engineers 

Director of Technical Services 

Division Administrators 

Date: JUL 29 2016 

In Reply Refer To: 

HCR-20 

In keeping with U.S. Equal Employment Opportunity Commission's Management Directive 110 

(MD-110), the Federal Highway Administration (FHWA) Office of Civil Rights is updating the 

previous Memorandum of July 8, 2009 regarding Communication with Management Officials in 

the (EEO) Pre-Complaint Process. 

When an employee contacts the Office of Civil Rights with allegations of discrimination, the 

employee enters into a pre-complaint stage with the FHW A. The goal of the pre-complaint stage 

is to attempt to resolve the matter at the lowest level possible through counseling with an EEO 

counselor or Alternative Dispute Resolution (ADR). Previously, the FHW A's EEO Counselors 

were required to contact an employee's first-level team leader or supervisor to address the EEO 

matter. The first level team leader or supervisor is often but, not always the person whom the 

employee identifies as the Responsible Management Official {RMO), or person responsible for 

the alleged discriminatory action. The higher level management officials were not notified, it 

sometimes limited their ability to make sure that a full range of informal resolution options were 

considered and that there were appropriate authority available for settlement. 

To ensure that a full range of infonnal resolution options are considered and appropriate 

authority is available for settlement, the EEO Counselor will contact the appropriate higher level 

management official in the program office of the employee. The management official will 

designate a manager to work with the EEO Counselor and the employee to attempt to resolve the 

dispute. The managerial structure of the field and Headquarters offices vary; therefore, attached 
is a chart which indicates the appropriate management official whom will be contacted during 

the EEO pre-complaint process. 

In making the decision as to who to designate to represent the office, the management official 

should consider whether the employee is participating in EEO counseling or has requested AOR, 

as well as the following guidance based on the MD-110: 

( 1) If an employee requests ADR during the infonnal process, the Agency must select 

a settlement official other than the RMO. 

(2) The RMO is permitted but, not required to participate in the ADR, at the Agency's 

option. 

(3) Including the RMO in the mediation may be useful in instances where the RMO's 

historical knowledge of the case or knowledge of the office could help reach a 

resolution or help to infonn the discussion of the claims or potential relief. 

(4) Deciding not to include the RMO may be appropriate when the RMO's presence 

intimidates or angers the complainant so as to significantly reduce the possibility 

of settlement, or when the Agency thinks the RMO will have difficulty interacting 

calmly and respectfully with the complainant during the mediation. 

The M0.110 is silent about whether the RMO can tepresent the Agency in negotiating an 

"informal resolution" during the EEO counseling process when a complainant has not elected 

ADR. Therefore, if the employee has elected to participate in EEO counseling and has not 

requested ADR, during counseling, a RMO may talk with the EEO counselor and complainant 

regarding possible informal resolutions and bind the Agency if an informal resolution is 

reached within his/her authority. Accordingly, the management official may after 

consideration of the above factors, designate the employee's immediate or second line 

supervisor to participate in EEO counseling, even if that supervisor is the RMO. lfthe 

employee subsequently requests ADR, the EEO Counselor will notify the management official 

that he or she can select a settlement official other than the RMO for purposes of ADR. 

At the close of an EEO counseling session, the EEO Counselor will contact the designated 

manager(s) to conduct an "exit interview." This practice ensures that the designated manager 

knows that the session has ended. 

To ensure management officials are aware when a fonnal complaint has been filed, upon 

receipt of the Letter of Acceptance or Dismissal of a fonnal complaint from the Departmental 

Office of Civil Rights, the FHW A Office of Civil Rights will provide a copy of the letter to the 

management official in the program office of the dispute. 

The Office of Civil Rights is committed to ensuring effective communication throughout the 

EEO complaint process. If you have any questions, please contact Ms. Pamela Woodruff, 

Equal Employment Opportunity Program Manager, at 202-366-1607. 

Attachment 
 

 

COMMUNICATION IN THE EEO COMPLAINT PROCESS Field Office Headquarters Office 

If the manager (RMO) named 

in the dispute is:

Then the EEO Counselor will 

contact the following

management official:

Team Leader-Federal Aid Asst. Division Administrator /

Supervisor (small tier divisions)-

Federal Aid

Asst. Division Administrator /

Supervisor (small tier 

divisions)-Federal Aid

Division Administrator-Federal 

Aid

Division Administrator-Federal 

Aid

Director of Field Services

Team Leader-Federal Lands Branch Chief-Federal Lands

Branch Chief-Federal Lands Office Director-Federal Lands

Office Director-Federal Lands Division Director-Federal Lands

Division Director-Federal Lands Associate Administrator-Office 

of Federal Lands Highway

OST Manager / Team Leader

Resource Center Team Leader

Chief Technical Services Officer

Administrative Service Team

Lakewood & Atlanta

Human Resource Manager /

Team Leader

Human Resource Manager /

Team Leader

Associate Administrator-Office 

of Administration

Director of Field Services

Chief Technical Services Officer

Executive Director

If the manager (RMO) named 

in the dispute is:

Then the EEO Counselor will 

contact the following

management official:

Team Leader Division Chief

Division Chief Director

Field Office Attorneys Chief Counsel

Director Respective:

Associate Administrator

Chief Financial Officer

Chief Innovative Officer

Associate Administrator

Chief Counsel

Chief Financial Officer

Chief Innovative Officer 

Executive Director