A discrimination complaint should first be filed with the Equal Employment Opportunity Commission (EEOC), and the employer notified that a complaint has been filed (EEOC, 2003). The EEOC may handle the complaint in several different way:
1) a charge may be assigned for priority investigation if it appears the law has been violated
2) the EEOC can settle the charge at any point if the employer and employee wish to do so
3) the EEOC may select the charge for their mediation program to handle
4) the EEOC may dismiss a charge at any point if they feel
5) the EEOC may discuss the evidence they have gathered with the employer or employee.
If there is no evidence of discrimination found by the EEOC, notice will be given to the charging party, and the EEOC case is closed. The charging party then has 90 days to file a lawsuit. If evidence of discrimination is found, the employer and employee are notified in writing with an explanation of the findings. The EEOC then attempts conciliation with the employer to remedy the discrimination. If conciliation is achieved, or if earlier mediation or conciliation occurred, neither party can go to court. If the case cannot be conciliated successfully, then the EEOC will decide whether to bring suit against the employer in federal court. If the EEOC decides not to sue, it issues a closing notice and the charging party has 90 days to file a lawsuit on their own behalf.
Most discrimination processes are settled without going to court, either by mediation or other dispute resolution processes. The EEOC is firmly committed to resolving complaints by using alternative methods to resolve issues (EEOC, 2002). Mediation is a form of Alternative Dispute Resolution (ADR) offered by the EEOC as an alternative to their traditional investigation process (Facts, 2004). It is an informal process during which a neutral third party tries to get the two parties to settle their differences...