As of January 1, 2000, all federal agencies covered by EEOC regulations were required to establish or make available an ADR program for both the informal and formal complaint stages of the EEO process. On March 9, 2000, at a joint hearing held by the Subcommittee on Civil Service of the House Committee on Government Reform and the Subcommittee on Military Readiness of the House Armed Services Committee, the Navy discussed the results of its experiences under its 18- month pilot program for resolving EEO complaints through the use of ADR, which resulted in resolution on an average of 31 days. The Floyd D. Spence National Defense Authorization Act, for fiscal year 2001, authorized the Secretary of Defense to carry out at least three pilot programs—one at a military department and two at DOD agencies. The programs were authorized to operate for 3 years. The act exempts the programs from EEOC’s procedural requirements or restrictions. In 2004, DOD authorized the following as pilot programs: (1) DLA, which provides worldwide logistics support—munitions and supplies—for the missions of military departments; (2) DeCA, which operates a worldwide chain of commissaries providing groceries to military personnel, retirees, and their families at a discount; and (3) 31 bases of the USAF, accounting for about one-third of USAF bases with federal EEO programs. The pilot programs were authorized by the Secretary for 2 years with an option for an additional (third) year. The legislative objectives for the programs are to: reinforce local management and chain of command accountability, and provide the parties involved with early opportunity for resolution. The legislation also provides that pilot program participants voluntarily participate in the pilot program, and that participants maintain their right to appeal final agency decisions to EEOC and file suit in federal district court as is the case in the federal EEO complaint process. The Office of the Deputy Undersecretary of Defense for Civilian Personnel Policy, the Office of the Deputy Undersecretary for Equal Opportunity, and the Office of Complaint Investigations within the Civilian Personnel Management Service have ongoing responsibility for oversight, monitoring, and evaluation of the overall pilot program. Under EEOC regulations, during the informal, or precomplaint counseling stage, ADR techniques can be used. Counselors are to advise individuals that, when the agency agrees to offer ADR in the particular case, they may choose to participate in either counseling or in ADR. If the matter is not resolved by counseling or if ADR is unsuccessful, the counselor is required to inform the employee in writing of his or her right to file a formal discrimination complaint with the agency. ADR can also be used after an agency receives a formal complaint. After a complainant files a formal discrimination complaint, the agency must decide whether to accept or dismiss the complaint and notify the complainant. If the agency dismisses the complaint, the complainant can appeal the dismissal to EEOC. If the agency accepts the complaint, it has 180 days to investigate the accepted complaint and provide the complainant with a copy of the investigative file. Within 30 days of receipt of the copy of the investigative file, the complainant must choose between requesting (1) a hearing and decision from an EEOC administrative judge (AJ) or (2) a final decision from the agency. When a hearing is not requested, the agency issues a final decision. A complainant may appeal an agency’s final decision to EEOC. In cases where a hearing is requested, the AJ has 180 days to issue a decision and send the decision to the complainant and the agency. If the AJ issues a finding of discrimination, he or she is to order appropriate relief. After the AJ decision is issued, the agency can issue a final order notifying the complainant whether or not the agency will fully implement the decision of the AJ, and the employee can file an appeal with EEOC. If the agency issues an order notifying the complainant that the agency will not fully implement the decision of the AJ, the agency also must file an appeal with EEOC at the same time. See appendix I for more details and associated time frames related to the EEO complaint process. Although features of the three programs vary by agency and focus on different stages of the complaint process, they all emphasize the use of ADR techniques available under the current federal EEO process. They also share common implementation strategies, including outreach to eligible staff to inform them about the programs, staff training, and electronic data collection. In its 9-month evaluation, DOD observed that pilot program activity had been lower than anticipated; DOD did not provide a baseline for its comparison or elaborate on the reason for this occurrence. After 12 months, program officials continue to report low case activity. In developing the overall EEO pilot program, DOD allowed DLA, DeCA, and USAF to determine their individual program design. However, in its memo soliciting pilot program proposals, DOD encouraged potential participants to work with the Office of Complaint Investigations to develop the format and content of their proposals, offering the assistance of the Office’s experienced staff of certified complaint investigators and mediators with success in using ADR techniques. Two of the programs— DLA and DeCA—emphasize the use of ADR in the informal stage, consistent with federal EEO regulations. Program officials said that their programs are attempting to address the legislative objective of providing early opportunity for resolution by focusing on ADR. The third program, in selected bases of the USAF, changes the formal stage of the federal EEO process by combining the investigative and hearing phases after a complainant has filed a formal complaint. This program also emphasizes the use of ADR techniques both during the informal stage as well as at the time a complainant files a formal complaint. DLA’s program, Pilot for Expedited Complaint Processing (PECP), began in October 2004 at DLA headquarters in Fort Belvoir, Va. DLA considers several types of cases, such as those that challenge government policy, inappropriate for PECP and screens them out. The PECP process is similar to the informal stage of the current EEO process. DLA officials said the PECP process has three steps. The first step occurs when an employee who believes he or she has been discriminated against makes initial contact with DLA’s EEO office. An EEO Intake Specialist collects specific information about the employee’s concerns and drafts an intake report, which includes a description and basis of the claim. The EEO Intake Specialist advises the employee orally and in writing about (1) PECP and how it compares to the federal counseling process and (2) the employee’s right to opt out of the pilot program at any time before the filing of a formal complaint. The second step begins when the employee chooses to participate in PECP. At this time, the EEO Intake Specialist discusses and offers the employee ADR. The EEO Intake Specialist also informs the employee that participating in ADR is optional and can be used at any stage of the complaint process. The EEO Intake Specialist considers two methods of ADR— mediation or facilitation. Mediation is the primary method used by PECP. According to DLA, the method of ADR used is based on the employee’s claim and the EEO Intake Specialist’s assessment of the method that would more likely encourage communication between the employee and management and resulting resolution. Under the third step, ADR takes place. DLA pilot program officials acknowledged that the pilot program’s ADR features do not differ from those offered under the current EEO process. DLA has an ADR program called Reach Equitable Solutions Voluntarily and Easily (RESOLVE), which is used when mediation is offered. RESOLVE is managed by DLA’s General Counsel. According to DLA officials, RESOLVE mediators cannot mediate precomplaints or complaints involving organizations they may service in another capacity, thus ensuring the neutrality of the mediator. DeCA’s program, Early Resolution Opportunity (ERO), began in February 2005 and covers 23 stores in three zones (DeCA West Zone 16-San Diego, Calif.; DeCA East Zone 28-Virginia Beach, Va; and DeCA East Zone 6-San Antonio, Tex.). Using ADR techniques, ERO seeks to provide early resolution opportunities, because according to DeCA, ineffective communication between employees and supervisors or managers often results in perceptions of discrimination. Moreover, DeCA believes that disputes can be resolved before they enter the informal counseling stage if a trained EEO facilitator can intervene to negotiate resolution. Cases that involve alleged violent acts, theft, sexual harassment, termination, or may be precedent setting, are ineligible for ERO. ERO is divided into two steps. In the first step, a trained DeCA facilitator attempts to resolve a claim before the start of the informal stage of the current process. Employees at stores participating in ERO can call a toll- free number to discuss their concerns with a trained facilitator. For example, an employee could call about perceived discrimination over schedule changes, and the facilitator may discuss what had occurred and rationale for schedule changes (e.g., to cover absences). According to DeCA officials, some employees “self screen” during the facilitation process, deciding not to pursue an EEO complaint or to pursue another avenue, such as the negotiated grievance process. The second step of ERO, which follows if facilitation is unsuccessful in resolving the employee’s concerns, involves calling in a third-party mediator. According to a DeCA official, DeCA uses mediators from DOD’s Office of Complaint Investigations, because they are trained, experienced ADR professionals, and have a greater perception of neutrality as they do not work for DeCA. If mediation fails, an individual may choose to file a formal complaint. According to a DeCA official, ERO seeks to reduce the processing time of the formal stage.