EECO Discrimination Settlement Amount Advice

MJP

My company received a sexual discrimination charge because we did not rehire a female temp. laborer for the next season because of her inability to get along with co-workers and she could not work independently without constant supervision. We also did not rehire two male temp. laborers for the same reasons. Another female temp. laborer was hired in the same position as the complaintant.

My question is: To make this go away and to avoid legal fees what amount is recommended for a settelment offer? $500, $1,000 ...

PAhr

[font size="1" color="#FF0000"]LAST EDITED ON 09-27-02 AT 09:53AM (CST)[/font][p] If you firmly feel you have done nothing wrong explain this to the EEOC in your position statement. Site specific facts as to why the temp was not hired (documented problems, etc..). Also point out that two men were also not kept and that a female was ultimately hired for this position. That should be enough to prove there was no discrimination. I would not advise a settlement for such a flimsy complaint. My company's motto is we would rather pay $5,000.00 to defend our reputation than to pay $500.00 to someone who doesn't deserve it. But I think the best advise is to consult with a labor attorney if you haven't already.

Gillian

It is strictly a point of negotiation. I have heard of amounts ranging from $500 and up. The key point, though, is to think about the real reasons why you would want to do this. Settlements at this stage sometimes will send the message that your company is an easy $500 or whatever level you settle for, especially if you haven't done anything wrong. At this stage the cost of defending yourself is relatively low, compared to a lawsuit, so you might want to hang on a little longer. On the other hand, of there are reasons why you don't want enforcement people asking questions, then you are back to negotiation.

Pork

Don't be so quick to settle a charge. You can respond to the EEOC inquiry without legal assistance until you hit a break wall with EEOC case representative. Only consider settlement if you discover in preparing your response to the claim that there may be some valid about the claimant position. You can maintain and stick with your decisions based on the"most qualified candidate" reason, unless you discover facts that do not support your claim. "Getting along with co-workers" is a very solid reason not to declare an individual to be the most qualified candidate. If your previous history is documented that "attitude with the team during her previous employer/employee relationship opportunity" can be supported by other staff members or supervisors or co-workers of the same, gender and race, then your case is very strong. It does not take the hiring of an attorney to represent your companies action. In the last three years I have lost no cases and our retained attorney lost one. Settlement to me is a lost, because it sets a trend known by employees and attorneys that your's is a company willing to settle rather than "fight all the way to the Federal Supreme Court". When employees and attorneys believe that the company is willing to stand up for their actions and fight, then the cases do not get started. Attorneys pay close attention to who they are up against and they are not so willingly take up a case, that they will be required to spend precious time and resources and not make money for the firm. "Rainmakers" and "rainmaker associates" produce money on win-able or settlement type cases. Keep your company's actions clean and within the policy and laws and fight the urge to seek a settlement to mkae it go away. Discussions direct with the concerned individual might bring you relief. Good luck, in our company there is no amount available to make it go away! Pork

Don D

Whoooaaaaaah! I wouldn't skip a,b & c and jump to $. Sounds to me like you just laid out a perfectly good position upon which to build a defense.

System

[font size="1" color="#FF0000"]LAST EDITED ON 09-27-02 AT 10:49AM (CST)[/font][p]Another reason not to settle: She'll tell her friends how easy it is to earn a quick 500 bucks by making a flimsy claim (or threatening to make a claim) against your company. $$$

James Sokolowski
Senior Editor
M. Lee Smith Publishers