EEOC Launching Two Programs to Help Resolve Disputes

Last week, the Equal Employment Opportunity Commission announced that it was launching two pilot programs to assist employers who want to voluntarily resolve charges lodged against them.

The first program is an enhanced conciliation program. Many employers are familiar with conciliation — a program designed to make cooperation and voluntary compliance central to the work of the agency — and feel a frustration because decisions tend to be micro-managed by the District Director, giving little discretion to individual investigators. With the new pilot program, there is a requirement that conciliation offers be approved by the appropriate level of management. The hope for this change is that decisions will be made by those closer to the situation, rather than more removed/remote bureaucrat. In doing so, there may be more successful conciliations and less need to litigate.

The second program involves mediation. While a mediation program existed previously — and sometimes with mixed reviews — the pilot program will allow mediation in more types of claims and will allow mediation during an investigation. Previously, the EEOC would not mediate if an investigation had commenced.

It remains to be seen if these pilot programs will be successful. But, so long as employers are aware of these options and can utilize them, they may find themselves in a better position than before.