EEOC mediation w/out a lawyer - process?

[MelodyVA]

What is the name of your state? VA

I am still employed with my employer but filed a claim under ADA after negative treatment received after disclosure of bipolar diagnosis.

I have organized all infractions but what else do I come to the mediation table with? Am I supposed to determine possible outcomes, e.g., remain w/ company with x accommodations/new position; or severence package?

I wish I had opted for a lawyer but husband didn't want to fork out any $. Can someone give me a summary of what to expect from mediation? Many, many thanks in advance.What is the name of your state?

 

[Beth3]

Your husband is being penny-wise and pound-foolish. You are at a great disadvantage without the expertise of an employment law attorney. Among other things, you don't even know if you have a viable discrimination claim and if you do, what an appropriate remedy would be - which would be based on a number of variables, including the size of the company, what judgments or settlements have been reached in similar claims, whether the terms and conditions the employer may lay out are reasonable and in your best interests, etc.

Here's the thing - the EEOC is not going to advocate for you at the hearing or advise you on what you should be asking for. At this stage, they're only interested in seeing if the two parties can reach some sort of agreement, thus allowing the EEOC to close the claim and clear it off their docket. At the very least, it's worth a couple of hundred dollars for you to consult with an experienced attorney for some expert advice before the mediation meeting.

 

[mitousmom]

You can go to EEOC's website, www.eeoc.gov, for information on its mediation process and you can discuss the process with the staff person handling your case.

EEOC's mediation really doesn't have much to do with whether you have a viable discrimination case. It's supposed to be no-fault, interest based settlement discussions. You don't have to provide information to show the strength of your case as part of the mediation process. In fact, such discussions of the alleged merits of the case are discouraged. And, while an attorney can help you prepare for mediation, the mediation discussions are usually between the principals, with the attorneys sitting on the side lines. The mediator decides the involvement of attorneys.

Employers usually consider their maximum liability when considering what to offer in mediation. Quite frankly, I can't figure out what harm you suffered as a result of the alleged discrimination. You have not indicated what the company did or didn't do that caused you to file a charge. "Negative treatment" isn't sufficiently precise. However, hopefully EEOC has more of the details of your allegation and based on that should be able to tell you what the remedy would be if you prevailed in your allegation. That's probably the outer limits, for most employers won't offer full remedy as a settlement offer during mediation.

What do you want the employer to do? What were you seeking to obtain when you filed the charge?