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April 2014: “Mediate? Why Mediate?” The Upside of EEOC Investigations and Administrative Mediations

Our April webinar covered the perils and potential benefits in the EEOC process. Used correctly, the mediation procedures enacted by the EEOC can often reduce or eliminate claims before they have a chance to become full-blown litigation. Gordon & Rees attorneys discussed these EEOC procedures and how to use them to your advantage if you become the subject of an EEOC investigation.

Using the EEOC mediation process to your favor – employers often decline mediation because they believe the employee’s claim lacks merit and, while that may be so, there are still valid reasons for participating in the process, including:

  • getting additional information about the claim (free discovery!)
  • educating the former employee and his/her attorney about the meritless claim to prevent a lawsuit
  • you may be able to dispose of the entire claim and further expense through a nuisance settlement
  • you may learn that while this employee’s claim lacks merit or has legal deficiencies, there may be issues in your workplace that expose the company to risk.

Dispelling the myths of mediation with the EEOC – participating in mediation does not mean the employer concedes the claim, compromises their position if the charge proceeds to investigation, or that they are required to pay a settlement. The presenters discussed several objections raised to mediation and why there may be little downside to participating in the process.

Bypassing mediation – Finally, if an employer opts to bypass mediation with the EEOC, what can an employer expect once the charge proceeds to investigation?

Please note, MCLE and HRCI credit can only be provided to those who attended the live presentation.

Click here to watch a recording of the webinar.

You may download a copy of the presentation materials here.

Disclaimer: Information found in this website is for general information purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances nor as a solicitation of legal business.