tag:blogger.com,1999:blog-1685903630161577363.post2514995466923756553..comments2024-03-28T01:58:21.637-04:00Comments on Screw You Guys, I'm Going Home: Fox Rothschild Responds To My Post About EEOC MediatorsUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1685903630161577363.post-49840731922210856842014-06-17T16:50:35.644-04:002014-06-17T16:50:35.644-04:00First, you have to look at the source. Law firms ...First, you have to look at the source. Law firms make their money in litigation, not at mediation with possibility of settlement. Having worked at big law early in my career, I am often skeptical of any advice by them that could result in more money in their pocket. This particular stance seems to scream to me (don't mediate with EEOC, but if you do, hire us to represent you or you will get bullied).<br /><br />Second, I agree that their blog suggested the EEOC mediators have a bias against employers based solely on a study that they failed to question (a very one-sided study). One of the first survey results cited to was: "Our survey revealed that EEOC mediators regularly threaten employers with "reasonable cause" determinations (73.7%), prosecutions (70%), and even systemic investigations (61%)"<br /><br />Anyone who has ever been in a mediation with the EEOC recognizes that the mediator pulls the "threat card" with both sides. To the employer "a reasonable cause finding might be issued, there could be penalties." To the employee "a no cause finding might be issued, you might collect nothing." All in the interest of settling. Of course the "study" does not look at what the EEOC says to the employees, because that is not the information they want to glean or the conclusion they want to arrive at.<br /><br />Furthermore, I am not so sure the "study" lays out anything you wouldn't expect a mediator to have as a tool - the ability lay out the risks to both sides and suggest settlement. I have been in many EEOC mediations representing employers and although I feel strongly that the current political administration is pushing EEOC claims more heavily (and therefore employers are at greater risk than ever) I do not believe the EEOC mediators have changed or are any different from private mediators, or that the risk of mediating is some how so much worse. Employer Lawhttps://www.blogger.com/profile/10483606119676387143noreply@blogger.com