EEOC Public Portal User's Guide
Volume 4: Post-Charge Tasks
Chapter 4
RESPOND TO AN INVITATION TO MEDIATE
4.0 | CHAPTER 4 INTRO
4.1 | ACCEPTING OR REJECTING AN INVITATION TO MEDIATE
Step 2. Select a response, either ‘Yes’, ‘No’, or ‘Undecided’ and select the Save button.
NOTE: Once you have chosen ‘Yes’ or ‘No’ in the EEOC Public Portal, the selection cannot be undone. If you want to change your response, either because it was chosen in error, or because you have changed your mind about mediation, contact the EEOC and they will work with you to determine the appropriate next steps in the process.
Step 3. If you selected ‘Yes’, this message displays in the EEOC Public Portal:
Thank you for agreeing to participate in the EEOC Mediation Program. Please click Review and Sign Documents below to review and sign the Mediation and Confidentiality Agreements.Then you must review and sign the Mediation and Confidentiality agreements (the full text of the agreements can be found in Appendix A). Select the Review & Sign Documents button.
If your Employer also agrees to mediate your charge, we will contact you to schedule the mediation. If your employer does not choose to mediate, EEOC’s enforcement staff will determine how to proceed with an investigation.
We look forward to working with you in bringing this matter to amicable resolution and demonstrating why so many Charging Parties consider the EEOC Mediation Program their partner in workplace solutions.
First the Agreement to Mediate displays. Select the box to “check” it and digitally sign the agreement (the signature will be automatically populated), then select the Next button.
Then the ADR Confidentiality Agreement displays. Select the box to “check” it and digitally sign the agreement (the signature will be automatically populated), then select the Sign Agreements button. If you want to go back to the Mediation Agreement, select the Back button.
You will now be returned to the My Charge page. The signed agreements will be automatically uploaded and appear in the My Documents list. If the Respondent also agrees to mediate, then the EEOC will contact you to schedule the mediation.Step 4. If you selected ‘No’, this message displays in the EEOC Public Portal:
Thank you for your response. EEOC’s staff will determine how to proceed with an investigation.Step 5. If you selected ‘Undecided’, this message displays in the EEOC Public Portal:
Thank you for considering the EEOC Mediation Program. If you would like to discuss this matter with a member of our mediation staff, please contact {ADR Contact Full Name} at (ADR Contact Phone Number) or {ADR Contact Email Address} on or before {Mediation Response Date}.
4.2 | SIGNING THE MEDIATION AGREEMENTS (ADDITIONAL PARTIES)
To sign the Mediation Agreements after it has been decided to participate in mediation, select the Review and Sign Documents button and follow Step 3 in Section 4.1 above. The signed documents will appear in the My Documents list.
4.3 | OTHER MEDIATION OUTCOMES
Both parties have agreed to mediate. As a result, the mediator will contact the parties in the coming weeks to discuss scheduling. In the meantime, all investigative processing has been put on suspense pending the outcome of mediation.If your case is not eligible for mediation, this message displays in the EEOC Public Portal:
Upon further review this charge is deemed ineligible for mediation at this time and will be transferred to EEOC’s Enforcement Unit.If the attempt to mediate is unsuccessful, this message displays in the EEOC Public Portal:
EEOC’s efforts to mediate this charge were unsuccessful, so EEOC will request the Respondent to provide a position statement and notify you when we receive it.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations that have discriminated against you. Please stay vigilant, though, because you might encounter severe pitfalls along the way (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
