For the most part, the Equal Employment Opportunities Commission (EEOC) provides employers with several opportunities to resolve possible charges of discrimination.
As an employer, resolving a case successfully by means of such voluntary processes can save you money, time, and effort. These methods of resolution can be in the form of mediation, conciliation, as well as settlement.
The EEOC has expanded its program of mediation to a large extent. This program is quick, voluntary, free, and confidential.
Once mediation is successful, there is no need for any investigation.
If a charge is filed against your company and it happens to be eligible for mediation, sexual harassment legal pros (who can be found on USAttorneys.com which is a profound website that enables anyone to find top legal talent in a minute or so in a much cleaner way than any search engine and in any part of the country) point out that you will be invited to participate in mediation process.
If it isn’t successful, then the charge against you will be further investigated.
Advantages of the mediation process
The main advantage of EEOC’s mediation program is that it is free. It is an golden process that begins much before an investigation does and concludes in a single session that can last for one to five hours with the typical processing time being 84 days.
The program remains entirely voluntary. If the mediation is successful, it ends in the closing of all charges filed with the EEOC. Mediation is a confidential procedure and the sittings are neither transcribed nor tape-recorded. Any notes taken at the time of mediation are disposed of. Its purpose is mainly to discuss the charge and arrive at a mutually satisfied agreement which is enforceable.
The program helps the contending parties understand why the employment relationship broke down, and let them look for ways to repair a continuing relationship. On the other hand, if the program is not successful, then the EEOC will conduct an investigation.
An early settlement effort can save you both the time and effort spent in investigations. In a settlement there is no admission of any kind of liability. As soon as a voluntary agreement is reached then the entire charge is summarily dismissed.
The EEOC also makes attempts to resolve any findings of discrimination via conciliation. The parties are informed in writing signifying that the evidence collected at the time of the investigation proves that there is a “reasonable cause” to assume that discrimination did indeed occur. During the conciliation process, your investigator will work both with you and the other party to extend a suitable remedy for discrimination.
Advantages of conciliation
Conciliation is an entirely voluntary process. During the process, all conciliation discussions are in effect negotiations, and the parties can present counter-offers. It provides the contending parties with a final chance to reach an amicable solution informally. The main advantage of all conciliation agreements is that, they eliminate the uncertainty, animosity, and cost that are applicable to litigation.
As an employer it is essential to take every possible measure to prevent harassment and discrimination in the workplace. If you need help with the implementation of any policies or find yourself involved in a sexual harassment or discrimination dispute, all you need is to reach out to an experienced sexual harassment lawyer in San Antonio, Texas. This is the best way to protect your rights and your employees as well.
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