Wondering if anyone here has been through the process of EEOC mediation, from the employer side.

Anonymous

June 17,2023 at 5:58PM UTC

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Wondering if anyone here has been through the process of EEOC mediation, from the employer side. I was fired for what I believe was a highly discriminatory reason. I submitted a complaint to the EEOC after consulting an attorney, and the EEOC accepted the case. The first step in their process is to attempt mediation. After meeting with the mediator, I was told that about 80% of these cases resolve with a financial offer of compensation. I have no idea what to ask for in terms of a dollar amount. What I would really like is an apology an admission that they were wrong, but I know I’m never going to get that. Is there a formula for a dollar amount to arrive at that is reasonable to ask for, that they will actually pay to resolve this before going into a full investigation by the EEOC?

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AnonymousJune 17,2023 at 7:30PM UTC
You attorney can offer you what the standard settlement will be for a case similar to yours. Otherwise, in an EEOC case you will not be asked (it's not like a civil case with the courts). The EEOC will have a calculation based on your complaint and the facts. The EEOC has guidelines it must adhere to. Also, please know that your employer can appeal several times and draw out any settlement or final determination. So bottom line, get a good estimate from an employment attorney and settle for as close to that as possible.
AnonymousJune 18,2023 at 12:51PM UTC
You need an attorney. Your employer will have one. Your compensation settlement offer will be based upon real numbers like lost wages and lost earning capacity, etc. The EEOC accepting the case is not evidence that they think you were wronged. It just means that you and your employer meet certain criteria. You'll need to submit evidence prior to mediation. Your employer will. Also, being pro se, the employer might be less likely to settle.
Jacqueline CutlerJune 18,2023 at 9:38PM UTC
I'm sorry you have gone through this. You mention consulting an attorney. You need to hire an attorney ASAP. A lawyer specializing in this will make sure you get the money due you. The firm will have lawyers; you need to as well to protect yourself.
AnonymousJune 19,2023 at 5:22PM UTC
Legally the EEOC must investigate any and all claims for this. Add into the settlement things like non-disparagement. If need be name by name in there the folks involved into perpetuity. Be sure to look at tenure and level and role and the why. The why if it is gave enough might be on to make a greater offer. Generally the point of mediation is to so called cut things in half, you both walk away with some closure and some dissatisfaction. You will have to pay up some and yes it will sting. There is no formula but thing overall about what will make both sides walk away without bringing it to trial.
Afo Ogbeyalu KaluJune 20,2023 at 12:25PM UTC
Your lawyer would have that number, or would be in a better position to research what type of compensation you are due.
Shelley MunroJune 20,2023 at 1:03PM UTC
i have been on the employer side of EEOC mediation a few times. Yes, some form of compensation almost always is mediated during this process. As others here have stated, you need to work with an attorney to come up with a goal amount. Attorneys have a method in these things, on both sides of the table (and just an FYI, unlike on TV, you are not all at the same table! You actually go to separate rooms). Just know that whatever amount this settles for, the law firm will take the majority. Discuss that with your attorney as well.
Typically what happens is an opening amount is stated by one side. The mediator presents that amount to the other side and they counter. This goes back and forth, each side adjusting their number up/down each time. The mediator is there to present the other side’s rationale and communicate the number. At some point the lawyers may go to a bracket style offer, indicating the range they want the final number to be in. As a mediator once said during one of my employer’s cases “I’m looking for numbers that touch.”
As for dollar amounts, consider your regular rate of pay, plus the cost of benefits (time off, health insurance, 401k, etc) that you are losing out on being without a job, and then having to start all over again at a new job. You can also add in your attorney’s fees.
Lastly, if all you want is an admission and an apology, the EEOC mediation is not really the best venue for that. It’s unlikely to happen. The final documents will include a confidentiality clause, and the employer will go about business as usual because this falls under an insurance policy called EPL. If you want an apology and would prefer it to be public, that would require a court case with a jury.