What Is the EEOC's Mediation Process for Racial Bias?

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What Is Racial Bias?

The Civil Rights Act of 1964 prohibits any racial bias in the workplace. Employers are prohibited from discriminating based on race in their recruitment, hiring, or promotion process. This includes prohibitions on harassment and hostile work environments. This law is enforced by the Equal Employment Opportunity Commission (EEOC), a federal agency.

What Is the Mediation Process?

Mediation is a key part of the EEOC's process of resolving a racial bias claim. It is an informal and confidential way for people to resolve disputes with the help of an unbiased mediator. This mediator helps the employee and employer work out a solution that is acceptable to both sides.

Does Every Racial Bias Claim Go to Mediation?

Mediation does not happen with every racial bias claim investigated by the EEOC. It is a voluntary process, so either party can decide not to take part. Also, there are situations where the EEOC will not use mediation, such as when the employer?s actions are particularly bad.

Do I Need a Lawyer During EEOC Mediation?

A person filing a racial bias claim with the EEOC does not need to have a lawyer. However, many people find that an experienced attorney can be very helpful during the mediation process, which is an unfamiliar experience for many. Plus, if the EEOC decides there is a valid case and issues a "right to sue" letter, most people will then need an attorney help them file a racial bias lawsuit.   

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Last Modified: 01-10-2014 11:16 AM PST

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