Schedule a consultation with an employment law attorney to review your mediation strategy.
Frequently Asked Questions
What is EEOC mediation and how does it work?
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EEOC mediation is a free, voluntary, and confidential process offered by the Equal Employment Opportunity Commission to resolve workplace discrimination charges. A neutral EEOC mediator facilitates discussion between the complainant and the employer to reach a mutually acceptable resolution. Mediation typically takes place within a few months of filing a charge and usually lasts one session of 3-4 hours. If successful, the parties sign a binding agreement. If not, the charge continues through the normal investigation process.
Can I consolidate multiple EEOC charges into one mediation session?
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Yes, if you have multiple related charges against the same employer, you can request that the EEOC consolidate them for a single mediation session. This is common when the charges arise from the same employment relationship and involve related facts or ongoing patterns of discrimination. Consolidation is more efficient for both parties and allows the mediator to address all issues holistically. Your written request should clearly identify all charge numbers and explain how the cases are related.
Do I need a lawyer to participate in EEOC mediation?
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No, you do not need a lawyer to participate in EEOC mediation. The process is designed to be accessible without legal representation, and the EEOC mediator will guide both parties through the process. However, having legal counsel can be beneficial, especially if your case involves complex legal issues, multiple charges, or significant monetary claims. If you do bring an attorney, the employer will typically also have legal representation present.
What issues can be resolved through EEOC mediation?
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EEOC mediation can address a wide range of remedies including monetary relief (back pay, compensatory damages, severance), reinstatement or job placement, policy changes at the workplace, mandatory training programs, neutral reference letters, non-disclosure and non-disparagement agreements, and other creative solutions that might not be available through litigation. The flexibility of mediation allows parties to craft solutions tailored to their specific situation.
What happens if EEOC mediation is unsuccessful?
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If mediation does not result in a settlement, your charge returns to the normal EEOC investigation process. Nothing said or offered during mediation can be used against either party in subsequent proceedings -- the process is strictly confidential. The EEOC investigator will not be informed about what was discussed during mediation. You retain all your rights to pursue your claim through the EEOC investigation, conciliation, or ultimately in federal court if a right-to-sue letter is issued.