What Is An EEOC Conciliation?

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According to a recent report from Nasdaq, 55% of workers say they’ve experienced discrimination at their current company, while a recent report by Glassdoor indicates 61% of U.S. employees have experienced or witnessed discrimination throughout their professional careers. Unfortunately, discrimination and sexual harassment are common in the workplace.

Victims of employment discrimination or sexual harassment have the option to file charges with the Equal Employment Opportunity Commission (EEOC). This organization conducts inquiries and investigations in order to decide the next steps in your case. Conciliation is one of these steps which allows you to settle your claim without a court proceeding.

Key Takeaways:

• If an individual experiences employment discrimination or sexual harassment at their place of work, under the law, they have the right to seek compensation by filing a charge with the Equal Employment Opportunity Commission (EEOC).

• The EEOC conducts a number of fact-finding methods to investigate the claim within 180 days of the complaint being filed.

• The EEOC acts as the victim’s representative throughout the conciliation process and will then attempt to settle the case with their employer.

What Is an EEOC Conciliation?

When an individual is a victim of employment discrimination or sexual harassment in the workplace, they have the right to seek compensation. This process begins with filing a charge with the EEOC online, in person, or via mail. Conciliation is EEOC mediation or an alternative dispute resolution offered to the victim.

Conciliation is a voluntary process, and both parties involved must agree on the resolution terms. The EEOC or employer can not at any point be forced to accept any particular terms. It is typically recommended for both parties to agree to conciliation, as resolving the charge informally is more financially responsible and efficient.

How Does EEOC Conciliation Work?

Once a formal complaint is filed, the agency notifies the victim they have received the complaint before reviewing it. The EEOC will also provide the victim with an intake specialist who schedules and conducts an interview with the victim. They are responsible for informing the employer of the charge and interviewing them as well.

The EEOC may conduct a number of additional fact-finding methods, including interviews, a fact-finding conference, requests for information, interrogations, or affidavits. All investigations will be completed within 180 days of a complaint being filed. During this time, the victim also has the option to mediate the charge and settle the case with the employer.

However, It’s important to note that this is not mandatory, only an option that can be requested at any time throughout the process. If the EEOC finds reasonable cause and evidence through their investigation that discrimination or sexual harassment happened in the workplace, the EEOC will explain it in a Letter of Determination they provide to the victim and employer.

The EEOC acts as the victim’s representative throughout the conciliation process and will then attempt to settle the case with their employer. The employer has the option to choose to agree to a settlement. This settlement can either be a financial settlement or result in enforceable actions like changing procedures and policies.

Employers Have the Right to Refuse Settlement

Employers do not have to accept a settlement, as with any legal process; they are entitled to take the case to court. If an employer refuses settlement, typically, the EEOC will either file litigation against them or issue the victim a Notice of the Right to Sue. It’s important to note that only 8% of total unresolved conciliation cases result in the EEOC filing a lawsuit.

However, the EEOC achieves a favorable resolution in approximately 90% of these cases. In the case of receiving a Right to Sue letter, the victim will have 90 days to file their discrimination or sexual harassment lawsuit. However, at this point, the EEOC will typically not be involved in any further processes.

Sexual harassment and discrimination breed a hostile work environment. It leads to decreased employee morale and low productivity and can contribute to high turnover rates and a negative brand image for your company. As an employer, it’s your responsibility to ensure all employees feel comfortable reporting their concerns without fear of retribution.

EEOC Conciliation FAQ

1. What is an EEOC conciliation?

   The Equal Employment Opportunity Commission (EEOC) is responsible for investigating claims of discrimination or sexual harassment. Conciliation is an EEOC form of mediation or an alternative dispute resolution after a claim has been filed by a victim. It is an alternative option to taking the claim to court.

2. What is a typical settlement in an EEOC conciliation?

   Although the situations vary, a typical settlement for workplace discrimination claims is approximately $40,000. However, discrimination claims vary widely, so some claims can be worth much more. For example, some wrongful termination and discrimination claims can result in settlements upwards of $1M.

3. What is a letter of EEOC conciliation?

   An EEOC conciliation letter is provided to the victim who claims discrimination or sexual harassment if the EEOC agency has found evidence or reasonable cause to support the claim. This letter will invite both parties to join the agency in seeking to settle the charge through conciliation.

References

1. U.S. Equal Employment Opportunity Commission – What You Should Know: The EEOC< Conciliation, and Litigation

Author

Caitlin Mazur

Caitlin Mazur is a freelance writer at Zippia where she has written 140+ articles that have reached over 1 mil viewers as of June 2023. Caitlin is passionate about helping Zippia’s readers land the jobs of their dreams by offering content that discusses job-seeking advice based on experience and extensive research.