We have a discrimination charge against us pending with the EEOC. If the EEOC invites us to conciliate, can that be helpful in disposing of the matter?
Yes, it can.
For example, a nationwide restaurant chain recently engaged in the Equal Employment Opportunity Commission's (EEOC) conciliation process to resolve a disability discrimination charge.
An employee with a disability had filed a charge with the EEOC, accusing a manager in her employer's restaurant of harassment. The employee alleged she endured ongoing, demeaning remarks based on her disability. Because of the harassment, the employee felt pressured to resign; thus, she also alleged constructive discharge.
After the EEOC's investigation found reasonable cause to support the employee's charge, the employer agreed to participate in the EEOC's conciliation process.
The dispute settled during the conciliation. As part of the settlement, the employer will pay the employee $15,000 in back wages and damages. In addition, the employer agreed to engage an outside consultant to provide training on disability discrimination to all employees and all levels of its nationwide management. "ADT Pizza to Pay $15,000 to Settle EEOC Disability Discrimination and Harassment Charge" www.eeoc.gov (Feb. 28, 2024).
Commentary
Once the EEOC investigates a charge and determines there is reasonable cause to support the allegations, the EEOC will invite the parties to participate in its voluntary, confidential conciliation process.
Neither the EEOC nor any party can be forced to participate in the process or, if they do, to accept any particular settlement terms discussed in the process.
Conciliation can be an inexpensive method of resolving employment discrimination charges. Employers can avoid the costs and delays of litigation, as well as the uncertainty of a lengthy court case or the outcome. They can fashion a type of resolution that both parties desire, beyond the limited remedies available in court.
Consult with your local counsel to learn more about participating in an EEOC conciliation and how to prepare for it.
Jack McCalmon, Leslie Zieren, and Emily Brodzinski are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.
If you have a question that you would like Jack McCalmon, Leslie Zieren, or Emily Brodzinski to consider for this column, please submit it to ask@mccalmon.com. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.
