Grievance Procedure and Mediation

Mediation ​
The Department of Medical Assistance Services (DMAS) supports resolving complaints arising in the workplace in a fair and prompt way. When employees encounter a situation that they feel cannot be resolved directly, they should contact the Human Resources Division (HR) to assist in resolution of the issue. If an employee thinks that he/she has been discriminated against, he/she may also file a formal complaint with the Office of Equal Employment and Dispute Resolution (EEDR) at the Department of Human Resource Management (DHRM).  EEDR investigates complaints of employment discrimination on the basis of race, color, religion, sex (including sexual harassment), sexual orientation, gender identity or expression, national origin, age, disability, genetic information, veteran status , political affiliation or other protected status.  OEES may be reached by telephone at 225-2136 from Richmond, or toll free at 1-800-533-1414 in Virginia. 

One alternative to resolving a dispute is through informal mediation. This is when the employee and the person having the dispute meet with a representative from HR and discuss the dispute in a non-threatening neutral atmosphere. Each party is given the opportunity to air his/her concerns and then the group (the disputing parties and the representative from HR) determines a fair resolution to the issue.  Many times, disputes arise because of poor communication. This form of dispute resolution encourages both parties to communicate openly in an informal setting to resolve their differences and seek resolution. 

If informal mediation is not effective or one or both parties are not comfortable with this type of meeting, another alternative for resolving disputes is the statewide formal mediation program run by the Office of Equal Employment and Dispute Resolution (EEDR) with the Department of Human Resource Management.  Formal Mediation is a voluntary process through which neutral third parties who do not work at the agencies of those employees with the dispute (mediators) assist people in conflict to explore their differences and develop their own solutions to these concerns. A decision to mediate a dispute does not prevent an employee from initiating a grievance at a later date if it is initiated within the mandated timeframes. Once a decision to attend a formal mediation is agreed upon, the time requirements of the grievance procedure may be extended by mutual agreement. 
 
Finally, if both informal and formal mediation measures have not resolved the dispute, the complainant may opt to use the state Grievance Procedure. Most workplace disputes can be grieved to three successive levels of agency management. If the grievance is not resolved by agency management, the employee may seek to have the grievance resolved by an independent Hearing Officer. Only certain types of grievances, however, will qualify for such a hearing. The Grievance Procedure has strict rules that must be followed by all parties. During the process, all parties involved (including each successive level of agency management) should contact HR to receive guidance on the time frames involved with the grievance.  An employee may not pursue both an EEDR complaint and a grievance on the same matter. 

Employees covered by the Grievance Procedure may also contact the Office of Equal Employment and Dispute Resolution (EEDR) at the Department of Human Resource Management (DHRM) for advice.  EEDR can provide advice on the Grievance Procedures and answer any questions the employee may have.  Questions about Mediation or the Grievance Procedure can be directed to EEDR at 225-2973 from Richmond, or toll free at 1-800-533-1414 in Virginia.     

DMAS Grievance Respondents​

If an employee thinks that he/she has been discriminated against, he/she may also file a formal complaint with the Office of Equal Employment and Dispute Resolution (EEDR) at the Department of Human Resource Management (DHRM).  EEDR investigates complaints of employment discrimination on the basis of race, color, religion, sex (including sexual harassment), sexual orientation, gender identity or expression, national origin, age, disability, genetic information, veteran status , political affiliation or other protected status.  For discrimination complaints, EEDR can be reached by telephone at 1-800-523-1414 in Virginia.   ​