EEOC conciliation typically occurs after an employee files a complaint with the EEOC. Learn more about the process and what to expect by watching this video by dedicated Phoenix employment attorney Quacy Smith.
The EEOC conciliation process is very similar to the mediation process. The conciliation process happens after the EEOC has determined that the employer has violated one of the laws. Before issuing a notice of right to sue, the EEOC will invite the employer again to conciliation, which is very similar to a mediation. The only difference really is that the EEOC starts requesting specific things.
If the employee is not represented by counsel, they’ll start requesting specific things because they have determined that that employer has broken the law. It’s at that point, where the EEOC, who in its normal course of business, is a third-party neutral agency. Once they determine a cause finding, they lose their neutrality and they become, for lack of better words, for the employee, once they determine the law has been broken and they enter the conciliation process.
If the conciliation process is successful, then the case is resolved. Whatever damages or relief that they come to an agreement on, they’re awarded to the employee. If it’s unsuccessful in conciliation, then the notice of right to sue is issued and the employer hires their own attorney, which, hopefully at that point, they’ve already had an experienced attorney in that area and they proceed to court on the matter. Or in some cases, the EEOC chooses to take the matter to court on behalf of the employee. If the employee already has counsel, the EEOC sometimes co-counsels with the employee’s private attorney.
Again, this is something that you as an employee, you shouldn’t try on your own. You need an experienced lawyer that understands the EEOC process, the law, and the conciliation process because at that point, it’s been determined that the law has been broken and you are due some relief. An experienced lawyer will make sure that you leave that conciliation process with everything that is due you, based on the damages that you have been subjected to by that employer.
Are you considering filing an EEOC complaint and have questions about the EEOC conciliation process? Contact our experienced Phoenix employment lawyers for a free confidential consultation. Let us explain the EEOC conciliation process and help you better understand your rights.