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There’s a quicker way to resolve discrimination allegations

On Behalf of | Jul 1, 2022 | Employment Law For Employees

For employees who experience discrimination, it is a deeply troubling and horrifying experience. We expect a lot from our jobs, but we do not expect discrimination. Especially for those employees who find value and worth in their work, discrimination can be particularly hurtful.

This is why the U.S. Equal Employment Opportunity Commission fights so hard against illegal workplace discrimination. Though, when Lexington and Louisville, Kentucky, employees hear how complicated and long the litigation process can take, they often want alternative options.

Alternative Dispute Resolution (ADR)

For many people looking to avoid Louisville litigation, generally, they look to Alternative Dispute Resolution. Indeed, ADR was created to solve disputes without the need for courts.

How does ADR apply to the EEOC?

The EEOC has an EEOC-sponsored ADR process known as mediation. In the EEOC mediation process, an independent, third-party mediator, trained by the EEOC, works to find a resolution. Nothing discovered or discussed in the process can leave the process or be used in any subsequent Lexington litigation.

This confidentiality helps the parties find a resolution because both parties can speak openly, and both parties can have their respective attorneys present as well.

When does the EEOC mediation process begin?

Normally, it is offered at the beginning of the EEOC investigation, before the investigation begins. This is because, at this point, both sides are the most likely to find a mutually agreeable solution because they have not developed entrenched positions through expending resources and time. Either Kentucky party can initiate the process, as long as the other party agrees.

Is it worth the time?

Absolutely. For Lexington and Louisville, Kentucky, employees and employers, trying the mediation process is a no-lose situation. It is confidential, costs nothing and can take as little as a few hours to complete. If the parties can find a solution, everything is settled now, not years from now. If not, they can go back to the traditional process.