Give Peace a Chance—A Reminder About EEOC Mediation
In fiscal year 2024, the EEOC received 88,531 new charges and conducted 11,998 mediations, resulting in the resolution of 8,543 charges . These mediation success rates—reflecting a resolution of 9.6% of total charges filed and 71.2% of charges mediated—suggest that employers may want to consider participating in the EEOC’s free alternative dispute resolution (ADR) program in some cases. This week’s Employment Law Update presents a reminder about the EEOC’s ADR program with details regarding how it differs from private mediation conducted during litigation and thoughts regarding how even an “unsuccessful” early mediation may be beneficial for employers. For eligible charges, the EEOC offers parties the opportunity to mediate soon after the filing of a charge and electing to mediate postpones the deadline for filing a position statement in response to the charge . Charges that the EEOC has determined to be without merit based on an initial review are not eligible for mediation but in mos...