KENTUCKY INDUSTRY LIAISON GROUP

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EEOC QUESTIONS

Explain mediation in the EEOC

The EEOC is focusing on issues that are legitimate complaints to the agency, and not dedicating time to frivolous complaints from employees.  The EEOC accomplishes this goal by dismissing complaints the EEOC has no jurisdiction over or lacks evidence of discrimination.  This allows the employee to exercise their right to sue in civil court and allows the EEOC more time to focus on legitimate claims of discrimination.

EEOC is focusing on the ABC’s of investigations:  (Prioritizing charges)

A cases - a clear smoking gun type of case example age discrimination, where it is clear the person was fired on account of his age.
B cases -  geared toward the Mediation unit to resolve a win-win situation for both parties or investigated by the Enforcement Unit.
C cases -  cases where it is not clear if the complaint meets the standards of discrimination.  These cases may be accepted and dismissed allowing the employee to seek civil damages in a court of law.

How well is mediation working at EEOC

About 95% of the cases in the Louisville Area Office are successful mediation cases.  If mediation is not successful, those notes are shredded before a case goes back to the EEOC Enforcement Unit.  That way there can be no claims of investigators reviewing the mediation notes and making a decision based on that process.

What is a safe way to do an in-house investigation?

Follow the OUCH method of investigating

O-be Objective with each case

U- exercise Uniformity when dealing with cases

C-be Consistent when dealing with similar situations

H-Having job relatedness (make sure the issue relates to the job, not personal or emotional issues.