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The Office of the Ombudsman is available to employees and staff at every level at NIH, including scientists, fellows, administrative staff, managers, facilities and operations personnel, and, support staff.
Contractors may contact the office if they have a concern or conflict involving an NIH employee. Depending on the situation, we may suggest that the contractor also work with their contract supervisors.
Some employees are covered by a collective bargaining agreement that does not include the NIH Office of the Ombudsman. Union members whose contracts allow them to work with the office may contact us; however, we will suggest that these employees contact their union representative before engaging in work with our office.
If you are in doubt, or your circumstances are unique, please contact our office and we will attempt to answer your questions. We may offer referrals depending on your situation.
An employee is able to use a reasonable amount of official work time to resolve a workplace problem. However, to use official work time to visit the Employee Assistance Program (EAP), the Office of Equal Opportunity and Diversity Management (OEODM), or the Office of the Ombudsman, you must first obtain approval from your supervisor. In situations where you do not want to notify your supervisor, you may wish to use accrued leave or arrange a meeting during lunch or after work hours.
The Office of the Ombudsman can help you to clarify issues or concern, as well as to identify and assess options. Part of this process may include referring you to other NIH resources, such as:
There are several avenues available to address issues and concerns. Many people choose the Office of the Ombudsman as a useful first step, while others come as a last resort.
You may come directly to an ombudsman with work or lab-related concerns, including concerns you believe may be a basis for a complaint of discrimination (an Equal Employment Opportunity (EEO) complaint). However, speaking with an ombudsman does not provide NIH with notice of your intent to file a complaint. If you wish to file an EEO complaint, you must contact the Office of Equal Employment Opportunity and Diversity Management (OEODM) within 45 days of the alleged discriminatory action. There are many instances of insensitivity, unfairness, and miscommunication that may not necessarily be discrimination. The Office of the Ombudsman can help you address these situations.
A person who files an EEO pre-complaint can elect to pursue “traditional” EEO counseling through OEODM or the Alternative Dispute Resolution (ADR) method. Participation in ADR is strictly voluntary for the person bringing the complaint. When a person indicates a willingness to participate in ADR, the Office of the Ombudsman retains the authority to determine if the matter is appropriate for ADR. In the EEO ADR process, NIH ombudsmen serve as mediators who assist parties in an attempt to achieve early, informal resolution of disputes in a mutually satisfactory fashion. EEO mediation is a confidential process, and ombudsmen serve as neutral third parties who do not have any decisionmaking authority. The ADR method is not only used for issues of concern related to employment discrimination (Title VII Civil Rights Act, the Age Discrimination Act, and the Rehabilitation Act), but also issues of non-employment discrimination. For more on this process, please visit http://oeodm.od.nih.gov/complaints/counseling_adr/alternative/index.aspx.
Although some issues handled by EAP and the Office of the Ombudsman may overlap, ombudsmen provide conflict resolution approaches to workplace issues and related policies and practices. EAP generally provides assistance with personal issues, such as stress, health concerns, substance abuse, anger management, or family concerns that may be affecting job performance. We frequently refer visitors if we feel EAP is a more appropriate resource. And, when given consent by the employee, our offices sometimes consult with each other about a particular issue.
Employee Relations (ER) staff offer technical advice and assistance on all matters pertaining to employee conduct, performance, and work-related medical concerns. The ER staff person serves as a representative for and advisor to management and is a center of ER expertise, responsible for case management of adverse actions and unacceptable performance actions. ER specialists are available to conduct training sessions on a variety of topics, from leave and attendance management to preventing violence in the workplace. We may refer managers to ER for assistance.
To be effective at resolving problems, the ombudsmen must have access to high-level decisionmakers. Ombudsmen talk about issues brought to them only when they have permission to do so. Sometimes an ombudsman consults with others about more systemic, general concerns. An ombudsman may only serve on committees at NIH as a consultant or as an ex-officio member.
The Director of the NIH Office of the Ombudsman reports through the Deputy Director of NIH. The Director of the Office of the Ombudsman may identify systemic conflicts, bringing to management’s attention those practices, norms, policies, and aspects of NIH culture that appear to exacerbate tensions or create problems for fellows, scientists, and administrative staff. By highlighting these systemic issues and providing suggestions for addressing them, ombudsmen help NIH take steps to improve the work environment across multiple layers of the organization. Data is only shared in a way that does not provide identifiable information about any individual who has contacted the Office of the Ombudsman.
You can see how we report data by reading our latest Director’s Report.
We do not have “formal” authority. However, we can mediate and negotiate settlements in disputes; make recommendations for changes in a policy or practice; bring issues to the attention of those with the authority to address concerns, such as division directors, scientific directors, and executive officers; and help to expedite administrative processes.
NIH Ombudsmen are inside “outsiders”— i.e., not part of the IC management. Because the Office of the Ombudsman is not part of any IC, it is free from any influence in addressing issues and resolving conflicts. The fact that NIH ombudsmen work outside of the official channels means that people can bring a concern to this office without having to raise it as a formal allegation or a matter for formal investigation. NIH supports the independence of ombudsmen because it is to everyone’s advantage to have all concerns brought to the surface and resolved.
Alternative Dispute Resolution (ADR) refers to a variety of informal, non-adversarial processes outside of formal complaint and grievance mechanisms. These processes include mediation, facilitation, peer review panels, coaching, training, and shuttle diplomacy. ADR emphasizes collaborative problem-solving rather than win-lose approaches.
Mediation is a voluntary meeting of disputing parties in which they attempt to reach their own solution with the help of a neutral person—in this case—an ombudsman. Normally, mediation is a confidential process, and the parties agreeing to mediate also agree to keep the details of their meetings confidential.
Some benefits of mediation include:
Mediation is an option whenever all disputing parties agree to participate. The ombudsman will make the arrangements for the mediation.
Yes, you can. The Office of the Ombudsman can help you identify options and develop a plan of action. This might include helping you think through how to approach a supervisor, team leader, research mentor, or other individual regarding the problem. Ombudsmen can also identify additional resources at NIH that may assist you in different ways (e.g., The Office of the Deputy Director for Intramural Research, Employee Assistance Program, Human Resources, or Occupational Medical Services).
Assuring confidentiality is essential to promote an open and candid discussion, and a thoughtful exploration of alternatives. We hold in strict confidence the identity of those who work with us, all communications with these individuals, and any related information that could be used to identify an individual with the ombudsman’s office. Yet there may also be instances in which an individual chooses to voluntarily waive confidentiality – for example, by giving the ombudsman permission to contact others for information or with an offer to facilitate an issue or concern. Ombudsmen also are ethically obligated to report instances where there appears to be an imminent risk of serious harm to oneself or others.