Race Discrimination

Parabeagle

Just received a race discrimination charge from the EEOC concerning one of our properties down South. I'm familiar with the parties involved and have a sneaking suspicion that one of the allegations might be meritorious. My question for Forumaniacs is: Anyone out there had any experience with the EEOC's mediation process? In the past, all I've ever done is fight the claims because they were groundless. However, in this case if my interviews with the subjects go the way I think they will I might want to pursue it if it will save time and money. Any thoughts? Thanks in advance. I leave Saturday to go down there.

Leslie

[font size="1" color="#FF0000"]LAST EDITED ON 09-04-03 AT 06:30PM (CST)[/font][p]Can't help on this one. I've only had one EEOC case - thank goodness - and it was a fight the claim one. Sorry Beagle! x:-(

System

I have experienced it. It's a bit like the sheriff asking the hangee if he prefers to fall on dirt or sawdust. The EEOC gets to tailor the conciliatory agreement, which typically results in job restoration, back pay, possible promotion; if an applicant, hiring them, required advertising for three years at colleges and all newspapers in the area or farming out your HR selection process. But, I suppose you reach a point where it might be the lesser evil of several available, although I got a deep iron shaft with one of these agreements. It damned sure must be a last resort though. The EEOC will always suggest it and they have nothing to lose by doing so. Don't forget, they are both prosecutor and judge. An odd lineup. Bring your own vaseline friend. There's has sawdust in it.

blw

Mediation is different from conciliation. Mediation happens before an EEOC investigation, conciliation is after they have made a determination against the employer. At that point, they are not yet judge - simply mediator. I have mediated once, but it was about 10 years ago. I attended an all day presentation last week that the EEOC put on and they talked alot about their mediation process.

While it rarely seems so to us, they are a neutral party; neither pro-employer or pro-employee. I think one of the dangers, if you suspect there is merit in the issue, is that the EEOC may decide to sue on the employees behalf instead of just issuing a right to sue. If the EEOC sues, the investigator can testify and that may be damaging to you.

Also, if mediation fails, it is completely confidential. Nothing that was discussed, proposed or even admitted can be used if the case winds up in court. So, I would say, try it.

Parabeagle

Actually I just finished reviewing everything there is to know about EEOC's mediation program from their website and it doesn't sound like a bad program. For one thing, if an agreement is reached at mediation the charging party waives their right to sue (at least according to the release) which would be a big relief for us and any adverse information revealed during the arbitration can NOT be used by the EEOC's investigative and litigation functions. So far, so good. I'll let everyone know how my interviews go. Wish me luck. Hope the weather's cooler down there.

Ethel

If you feel and/or find that there is or might be any merit to this claim, I have but this advice to give you -- bring your labor atty into situation ASAP. Even if you go into mediation, would still advise that you have atty. This approach has worked best for us (so far).

neveradull

Been there, done that. When we decide on mediation I always bring our attorney with me that way in case mediation fails he has a good idea of what to expect in court. I have found that a month's severance negiotiated in mediation can be the cheapest way to go. My last EEOC charge we decided to fight and $28,000.00 later it was dismissed with prejudice. Overall I have found mediation to be worth trying.

Don D

Beagle: I jumped the gun in advising you to bring vaseline to the mediation sit-downs. I ammend my advice to say save it for the conciliation 'agreement'. And as for the EEOC being a neutral party, all any of us has is our experience. Someone may have experienced a neutral cool breeze blowing through. In 34 years, I have not, nor have any of the labor attorneys I know. Hope you do have that experience though. The temp here this a.m. at 5:30 was 64 which is a welcome change from the normal 74-78.

San Francisco

[font size="1" color="#FF0000"]LAST EDITED ON 09-05-03 AT 02:49PM (CST)[/font][p]We never, ever allow the EEOC to mediate for reasons Don stated and because we want to retain control of our own destiny, so to speak. However, in any formal charge, we always consult with our legal counsel before moving forward. If our investigation shows that we do have culpability, then we negotiate the settlement with the employee ourself which may involve reinstatement with back pay. Our aim is to make the person "whole" and if we are at fault then we will do the right thing. If the person does not wish to return then we will offer a money settlement contingent upon signing a release that is drawn up by our attorneys. Most situations have been resolved for $5000 or less. This is still cheaper and more expedient than involving the EEOC. Also, do not forget that the site you viewed is the EEOC website so of course it will look good. I would recommend that you involve your legal counsel in ultimately making your decision.

Good luck.

Elizabeth

Parabeagle

If there is any merit to this claim, I want to do the right thing and I think the best way to approach it is mediation (our labor attorney in Alabama has already been alerted). As far as EEOC involvement, too late - they're already involved and they're calling the shots -- my only choice at this point is to answer yes or no to the process. I guess if I get into mediation and the process appears to be going tango uniform on me I can exercise our right to withdraw from arbitration and let the EEOC continue their investigation.

My goal here is to keep the best interests of the company at heart and, frankly, my boss is still stinging from defending against an earlier claim in which our tab was over $30K in atty. fees (and that's in addition to the settlement amount). x:-(

Don D

Beagle: Your comments regarding "I guess", "Too Late", "I think" make me think perhaps you are flying south with half a parachute. Only if you have agreed to their process is it too late. They are from the government, but contrary to the opinion of some, they are not 'here to help you'. I hope I'm wrong, but you may soon discover yourself to be the unwilling participant dangling from the strings of an EEOC puppeteer. Don't let your labor attorney shove you out in the pond on a piece of wood in a Viking funeral. San Francisco is 100% correct!

Parabeagle

Not what I intended, maybe I should have been clearer. My only option right now is to say yes or no to mediation. If I say yes, I take another trip to 'Bama and have a sit down with the charging party and find out what the heck the problem is (if nothing else, these little events do enhance my frequent flier miles). If I say no to mediation, I sit back and draft a response to her charge (which is vague at best) and let the EEOC do their investigative thing. Then we take off the gloves when she gets her right to sue letter and makes a beeline for the US District Court.

This whole thread might be academic, anyway. We might agree to arbitrate and the CP refuses. As far as our labor lawyer goes, I'm not concerned. He's well-qualified, went to a good school, has lots of experience, did right by us last time (although it cost us money) and he's from Mississippi!x;-)

Don D

You're right. It may be academic as well as too late at this point. Unless you've done a strong, solid, complete investigation on your side and have firmly concluded, in concert with your attorney, that you are very potentially going to come out on the wrong side of this, I would certainly not let them nudge me into mediation. And then I would not do it unless my attorney persuaded the company that it was our best and only sensible approach. San Fran had solid advice for you, but alas, you have ticket in hand and the South's sunny weather in your near future. At least you have a Mississippi attorney. Perhaps it's the same one Bernie Ebbers (Worldcom)is using. And, oh yes, maybe you will get that investigator/mediation team who's out there somewhere who is said to be fair and impartial and not judgemental at this stage of the game.

Pork

PARABEAGLE: Can't add much to what has been posted. Been through one with the CP making a total out of context claim, but the words were spoken, we bode up for as long as we could until the EEOC investigator said: "you know Mr PORK, I believe I can get the CP to agree to 20 weeks of back pay, and a promise that she will complete a new application and you will agree to give it equal evaluation and hire her, if the CP is the most qualified, which she will be because of her past experience". After calculating the legal fees prior to the investigator's statement, I quickly said send me the settlement agreement and we'll sign and cut the check. We did and the individual has never reapplied, so I have not been given the opportunity to choose someone who is more qualified than she. She has called twice in 4 years and stated that I had to re-hire her, my response to her on both occasions was for her to read the agreement.

GOOD LUCK, EEOC IS NOT AWAYS AS BAD AS "DANDY DON" MAKES THEM OUT TO BE, BUT THEN HE IS TALKING ABOUT THE MS EEOC AND YOU'LL BE DEALING WITH THE AL, EEOC.

PORK