What is an EEOC fact-finding conference?

According to the EEOC Compliance Manual, a fact-finding conference “is an informal investigative forum, not an adversarial proceeding.” The Compliance Manual outlines best practices for investigators to conduct fact-finding conferences so that both parties can ultimately “assess the merits of settlement.” Although the …

What happens if EEOC finds employer is guilty?

It will issue a notice to close the case, and the charging party will then be given leave to file a lawsuit within 90 days. If the EEOC finds evidence to support the claim of discrimination, the agency will notify the charging party and the employer in a determination letter.

What happens in an EEOC investigation?

An investigation of a formal complaint of discrimination is an official inquiry into claims raised in an EEO complaint. EEO investigations may include a variety of fact-finding methods such as interviews, a fact-finding conference, requests for information, interrogatories, and/or affidavits.

What does it mean when EEOC is collecting evidence about your charge?

If the evidence shows that discrimination has occurred, the EEOC informs the employer and the charging party in a letter of determination. The EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.

What is a fact finder report?

Fact Finding is the use of an impartial expert (or group) selected by the parties, by the agency, or by an individual with the authority to appoint a fact finder, in order to determine what the “facts” are in a dispute.

Can the EEOC award damages?

Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person’s race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.

What is the difference between fact finding and investigation?

you gather relevant facts, and identify all the pertinent issues so that a determination can be made regarding the allegations or charges in an investigation. An investigation is a Fact-Finding.

Can information learned during mediation be used in an EEOC investigation?

Information learned during the mediation can not be used during an EEOC investigation if the mediation is unsuccessful. Mediation is an informal process. The goal of mediation is not fact finding. The purpose is to discuss the charge and reach an agreement that is satisfactory to all parties.

What are the methods of resolution of EEOC investigations?

Methods of resolution include mediation, settlement and conciliation. EEOC has greatly expanded its mediation program. The program is free, quick, voluntary and confidential. If mediation is successful, there is no investigation.

What is the goal of a settlement with the EEOC?

The goal of settlement is to reach an agreement that is satisfactory to all parties. There is no admission of liability. If the parties, including EEOC, reach a voluntary agreement, the charge will be dismissed. Settlement agreements are enforceable. Settlement avoids lengthy and unnecessary litigation.

How does conciliation work with EEOC?

During conciliation, your investigator will work with you and the Charging Party to develop an appropriate remedy for the discrimination. We encourage you to take advantage of this final opportunity to resolve the charge prior to EEOC considering the matter for litigation.