SECTION 842.12. Alternative Dispute Resolution of Complaint of Discrimination

(a) Each Board shall establish a written alternative dispute resolution (ADR) procedure. The Board EO Officer shall be responsible for implementing the ADR procedure in the case of a complaint within the workforce area.

(b) A complainant within the workforce area may choose to use the Board's ADR procedure rather than the complaint processing procedure described in 29 CFR §38.72 and §842.13 of this subchapter (relating to Processing of Accepted Complaints of Discrimination). If the complainant elects to use the Board's ADR procedure, the complainant shall file notice of this election within seven calendar days of the complainant's receipt of the Board's initial written notice. The ADR process shall be completed within 40 days from the date of the initial written notice.

(c) The Board EO Officer shall coordinate the scheduling of mediation with a qualified mediator at a location convenient to the complainant and respondent.

(d) The Board EO Officer shall file with the Agency a copy of the final agreement or the notice of failure to reach an agreement within 10 days of reaching that determination.

(e) If the parties do not reach an agreement under the ADR process, the EO Officer shall process the complaint as described in 29 CFR §38.72 and §842.13 of this subchapter.

Source Note: The provisions of this §842.12 adopted to be effective January 4, 2021, 46 TexReg 202