Dealing with Discrimination in the Workplace? Protect Your Rights Through the EEOC.
If you have been subject to discrimination in the workplace, EEOC mediation serves to protect your rights to fair, equal treatment. With an experienced EEOC attorney, you have a powerful legal professional throughout the process to achieve the best resolution possible.
Wenzel Fenton Cabassa, P.A. has a team of EEOC lawyers in Florida that are with you at each stage of the EEOC mediation process. We fight for workplace justice.
What is EEOC Mediation?
EEOC mediation is a legal process provided by the Equal Employment Opportunity Commission. It was established via the 1964 Civil Rights Act to administer and enforce civil rights laws against workplace discrimination.
The EEOC mediation process is utilized to resolve law violation disputes, where employers and employees conduct negotiations to decide on an outcome to a claim of discrimination. If a case can be successfully resolved through mediation, it does not have to go through a long court system process. Employers typically have legal counsel to represent their interests in EEOC mediation, so it is in the employee’s best interests to have an EEOC attorney.
Need to Resolve a Charge of Discrimination through EEOC Mediation?
Once a charge of discrimination is filed with the EEOC, the process can be a bit of a waiting game. However, in many cases, the EEOC will invite parties to engage in mediation with the mediator provided by the EEOC. The parties can also agree to mediate with a private mediator outside of the EEOC process. Mediation is a voluntary process, but if the parties agree to engage in mediation, a negotiated resolution may be reached quickly and efficiently.
You need an employment attorney to speed up the mediation process and maximize your recovery at the mediation. Most employment discrimination charges must be first addressed with the United States Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit (with discrimination in wages and benefits being the one exception). The time limits for filing a charge of discrimination with the EEOC are not extended as you attempt to resolve the
dispute through internal grievance procedures, a grievance filed by your union, mediation, or arbitration outside of the EEOC process.
Understanding the EEOC Mediation Process
Often, the first step the EEOC takes after you file a charge of discrimination is to invite the parties to resolve the conflict via mediation. If your employer agrees to mediate, you can often resolve the situation right then and there before it becomes a court case. In most cases, the employer is represented at the mediation by experienced counsel or other staff members who have been through the mediation process many times. Mediation is a unique opportunity to resolve the dispute on terms you and the employer agree upon. Without the help of an employment law attorney, mediation may not be as effective as it can be.
Goals of Mediation
Mediation is a form of Alternative Dispute Resolution (ADR). It is simply another, faster, less expensive way to resolve a claim than a long, drawn-out lawsuit. The primary goal of mediation is to achieve resolution. An agreement between you and the employer to resolve your claim can involve a policy change, and typically, it also involves a financial settlement on the part of the employer.
Why EEOC Mediation is Popular
Documents are signed by all participants stating everything that is said at the mediation is 100% confidential. Not even other staff members at the EEOC (including those who will investigate your claims if mediation is not successful) will know what was said during the mediation.
Mediation is relatively inexpensive because the EEOC provides the mediator free of charge. The process is much less formal than arbitration or court process but still requires skill and confidence in your facts and legal positions to make the most of it.
The presence of an employment law attorney will:
- increase your chances of getting a fair settlement,
- provide you with advice about your options during the process,
- the risks of further litigation,
- the relative strengths and weaknesses of your case and the employer’s defenses and, in the event the matter is not resolved at mediation,
- strategies on the next steps if the case needs to proceed to federal investigation and possibly a courtroom
The entire goal of the mediator is to resolve the conflict – not to point any fingers. The mediator is truly in the middle, not on one side or the other.
Why Hire An EEOC Attorney in Florida
The inherent complexity of a claim of discrimination requires expertise in employment law. An EEOC attorney in Florida is not only an expert in anti-discrimination laws, but they also are highly skilled at the full EEOC mediation process. The best EEOC lawyers are also excellent, forceful communicators – leading as a powerful advocate in negotiations, including any financial resolutions.
Schedule a Free, Confidential Consultation with An EEOC Attorney Today
The EEOC invites both parties – you and your employer – to participate in the mediation. It is not necessary that lawyers are present, but it is a very wise idea. You need an experienced employment law attorney to advocate for you and who knows how to negotiate the best possible outcome.
At Wenzel Fenton Cabassa, P.A., we have extensive experience representing employees in EEOC mediation situations. Law is often much like a chess game, and our law firm (through firsthand experience) understands the employer’s strategy and perspective.
Don’t sit across from your employer alone. Contact us for proper representation at your mediation.
Locations are available in Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, Orlando, and West Palm Beach for your convenience.
FAQs About EEOC Mediation
What is the typical EEOC mediation settlement amount?
An average conciliation settlement amount for an EEOC finding of discrimination after EEOC mediation is approximately $20,000.
Is EEOC mediation binding?
An EEOC mediation is binding when both parties voluntarily agree on the settlement. It is enforceable in a court of law similar to other settlement agreements involving discrimination in the workplace.
What happens in EEOC mediation?
An employee utilizes EEOC mediation to resolve a claim of discrimination against their employer with a neutral mediator. Employers typically have legal counsel to represent their
interests, so it is recommended for employees to have their own EEOC lawyers in Florida to achieve the best potential resolution.