What Does Conciliation Mean When Dealing with the EEOC?
Well, for me it means I'm angry nearly every day. Though things are moving much more quickly here and we're hearing from our investigator nearly every other day, what I'm hearing is not good.
Conciliation, as a reminder, is what happens when the EEOC has made their final determination in the employee's favor; Both parties (Charging Party = employee and Respondent = employer)are highly encouraged to come to a settlement agreement. The problem in our case lies in that what we think is reasonable compensation and what our former employer thinks is reasonable compensation are two entirely different things. We are no where close to meeting in the middle.
Our investigator was set to fail conciliation (meaning, make the determination that no agreement could be reached) but our former employer wants to continue talks. They want to meet with us individually to discuss our claims. We are strictly opposed to this for several reasons:
1. The person who is negotiating on behalf of the company is a party to the lies that have been told during the investigation, part of the cover-up on behalf of the company and is merely an HR representative - not someone we believe to have any authority to negotiate.
2. We weren't born yesterday, we are aware of the old saying "divide and conquer." We have no reason to trust that our former employer will negotiate in good faith - they never have.
3. We are afraid our emotions are still way too much on the surface and that is never good in a negotiation.
We have also been advised by our investigator to continue to lower our requests and we have (signifcantly) but there is still no significant movement from our employer. I don't get it. I just don't get it. Make no mistake, you will feel as if you are alone in this fight. You will feel like the EEOC is not there to represent your interests, that they are not interested in pursuing what is just. But I want you to know that I don't believe the people working for the Commission would be in the business they're in if they didn't care. Yes, the EEOC is a government agency, underfunded and understaffed and you may feel like you are just another case on the desk-but you are only if you allow yourself to be.

2 Comments:
what if EEOC is not in your favor where do you go and do you feel that you dont hava a friend in the world? I dont have an EEO attorney and they are hard to find because I dont have money to attain one
Marie -
Where are you at in the EEOC process? Tell me your story and what state you're in, maybe I can help. If nothing else, you have someone who will listen. Email me at projectgail@yahoo.com so I can respond.
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