This is a two-part post.   Way back on July 16, 2012 we began discussing the EEOC’s mediation program.    The EEOC had reported that it had entered into a “National Universal Agreement to Mediate” (or “NUAM”) with Family Dollar Stores, Inc.:  “Under the terms of the NUAM, all eligible charges of discrimination filed with the EEOC

Recently we discussed a survey conducted and disseminated by Merrily Archer, Esq. about EEOC mediations.   Her take: the EEOC mediators do all they can to push a settlement, including various threats of litigation and EEOC enforcement. In fact, she said that with ADR being the EEOC’s “biggest cash cow,” to settle cases for as much

Last week we discussed a survey conducted and disseminated by Merrily Archer about EEOC mediations.  Her take:  the EEOC mediators do all they can to push a settlement, including various threats of litigation and EEOC enforcement.  In fact, she said that with ADR being the EEOC’s “biggest cash cow,” to settle cases for as mcuh

Our friend, Merrily S. Archer, Esq., has written an important piece on her website concerning a survey which she helped to conduct among lawyers and others who have appeared before the EEOC as part of its conciliation process (“ADR”).   Her takeaway:  with ADR being the EEOC’s “biggest cash cow,” to settle cases for

An African American delivery driver was the victim of racial name-calling, and was exposed to a noose hanging in the workplace which the manager refused to remove.  The EEOC issued a Letter of Determination finding probable cause of racial harassment in violation of Title VII. 

After what the Court called “failed conciliation attempts,” the