The New York State Dispute Resolution Association (NYSDRA) contracted with the New York State Department of Labor in July of 2002 to provide mediation services for discrimination complaints filed by employees of that department and related programs.

Who is eligible for this program?
Individuals who are part of the NYS Department of Labor‘s One Stop System, Equal Opportunity Officers in 32 investment areas of the state, anyone receiving Title One Funds and participants of programs administered directly by the New York State Department of Labor.

What are the criteria for filing a complaint?
If you are one of the above and believe that you or any specific class of individuals has been or is being discriminated against, you may file a complaint based on the following:criteria:.

• race, color, religion, sex, national origin, age, disability
• political affiliation or belief
• beneficiaries citizenship/status as a lawfully admitted immigrant authorized to work in the United States 

How does mediation work?
Mediation is voluntary for all involved.

Equal Opportunity (EO) Officers in New York’s 33 investment areas will be responsible for referring complaints for mediation and ensuring that the mediation process is completed within sixty (60) days of the complainant’s election for mediation. When a discrimination complaint is filed, the Equal Opportunity Officer, after discussion with the complainant, will either continue to investigate the complaint or refer the matter to mediation. If all parties agree to participate, the Equal Opportunity Officer will contact a regional Community Dispute Resolution Center (CDRC) in their area of the State. After the participants agree to sign a “Consent to Mediate Form”, the CDRC will coordinate the date, time and place with the involved parties and an experienced, trained mediator. Within the 60 day period, the mediator will conduct a mediation session(s). Everyone involved works toward a mutually acceptable resolution to the complaint. Any agreement between the parties is submitted to the referring EO Officer. In the event no agreement is reached the mediator will notify the EO Officer when mediation is terminated.

Confidentiality
Any communications and information shared during the mediation is privileged and confidential and shall not be disclosed to a third party except for the purpose of carrying out the terms of any agreement. Copies of the mediation agreement will be filed with the Equal Opportunity Officer for three (3) years, subject to review by the Civil Rights Center. Mediation sessions are closed to any individual other than the participants and their representatives, unless they and the mediator agree to include others.

How much time does this process take?
When a complaint is received, the EO Officer sends a Statement of Issues to the Complainant. The complainant is given 10 days to elect mediation as a way to resolve the complaint. The respondent must also agree to pursue the mediation process in order for the process to move forward. The involved parties will receive a Notice of Final Action within 90 days of receipt of the complaint advising if an agreement was or was not reached. The Notice will also advise the complainant of the right to file with the Director of the Civil Rights Center within 30 days of receipt of the notice.

What types of cases can be mediated for this program?

• Disciplinary Actions
• Appraisal/Evaluations
• Promotion/Selection
• Harassment Complaints
• Performance-Based Actions
• Reasonable Accommodation

Do I need to fear retaliation?
All parties to discrimination complaint mediation are protected from intimidation, reprisal and retaliation.

Why use mediation?

• It is fair and neutral
• Parties have an equal say in the process and the parties agree on the resolution
• There is no determination of guilt or innocence
• Saves time and money
• Many mediations are completed in one meeting. Legal or other representation is permitted in all cases, but not required
• It is Confidential
• It avoids unnecessary legal action
• It produces a better work environment by resolving workplace conflict

How do I contact the local EO Officer?
Complaints may be filed in the following manner:

• With the Equal Opportunity Office for the local area (LWIA EO Officer). There are 34 local area Workforce Investment Act EO Officers in New York State.
• With the Director, Civil Rights Center, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-4123, Washington D.C. 20210.

For complaints related to programs administered directly by the New York State Department of Labor, complaints may be filed in the following manner:

• With the NYSDOL Equal Opportunity Liaison (EO Liaison) at the One-Stop Center
• With Andrew Adams, WIA State administrative agency Equal Opportunity Officer (WIA EO Officer), New York State Department of Labor, Division of Equal Opportunity Development, State Campus, Building 12, Room 540, Albany, New York 12240.

How do I locate my local area EO Officer?
To locate the Equal Opportunity Officer in your area, look in the business yellow pages of your local phone book to call the Department of Labor’s One-Stop Center or your nearest Department of Labor Employment Office

How do I file a complaint?
Complaints must be submitted in writing to the Equal Opportunity Officer and include the following:

• Complainant’s and respondent’s name and address
• Date of occurrence
• Description of the claim with enough detail to decide whether of not the complaint was filed in a timely fashion, the merit of the complaint, and if true, whether the allegations would violate any of the nondiscrimination and equal opportunity laws.

How do I get more information about this process?
Call the New York State Dispute Resolution Association 518-687-2240 or your local Equal Opportunity Officer.

Additional Resources:
NYS Department of Labor - Plug in key words discrimination.  To find your local EO officer plug in EO Officer.
Finda a local CDRC - Community Dispute Resolution Center

Related Laws:  
Section 188 of the Workforce Investment Act (WIA)
29 CFR Part 37, "Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce investment Act of 1998"