The Equal Employment Opportunity Commission will try out an adjusted mediation and conciliation program during the second half of 2020. Specifically, the initiative will expand the type of charges that employers can ask to have mediated — and lengthen the time frame that employers can seek mediation.
The general idea behind the pilot program is to reduce the number of workplace bias allegations that end up in court, according to EEOC Chair Janet Dhillon. She noted that the COVID-19 pandemic has hindered the operation of courts and put some employers in difficult economic circumstances.
Mediation is an alternative way to resolve disputes with the help of a neutral mediator. The pilot expands the categories of charges eligible for mediation and, generally, allows for mediation throughout an investigation. The pilot also will expand the use of technology to hold virtual mediations. Conciliation attempts to resolve findings of discrimination before litigation.
But not everyone is happy with these and other efforts by the EEOC. Sen. Patty Murray (D-WA) and Rep. Bobby Scott (D-VA) sent a stern letter to Dhillon, claiming full commission review had been thwarted. They also blasted the agency for failing to release details about the public program.
