EEOC Charge Conciliation: Navigating On-Site Investigations, EEOC Conferences, Settlement Negotiations

After an individual files an EEOC charge, an employer has the option of participating in voluntary mediation or submitting a position statement to the EEOC’s investigation unit. If deemed warranted, the EEOC may launch an intensive investigation, including interviews with employees, requests for and review of relevant documents, subpoenas, and more.

Counsel to employers should appropriately advise clients on investigation response and participation strategies to avoid a finding of reasonable cause to support the employee’s allegations.

If the EEOC finds reasonable cause, counsel must prepare employers to participate in and enforce the conciliation requirement. Counsel must practice effective negotiation skills with the EEOC and understand and analyze any EEOC settlement offers.

The EEOC may conduct conciliation swiftly or, in some cases, not at all. Employment attorneys must stay abreast of successful arguments to the EEOC to meet the good faith conciliation requirement.

Listen as our distinguished panel discusses preparing for EEOC investigations, participating in fact-gathering and mediation conferences, and navigating the conciliation process. The panelists will review negotiation tactics, considerations for determining whether to accept a settlement offer, and techniques in enforcing the good faith requirement.

1. Preparing for the EEOC investigation
   1. On-site investigations
   2. Employee interviews
   3. Information and document requests/subpoenas
2. Participating in EEOC investigations and conferences
   1. Fact-gathering
   2. Mediation
3. Conciliation
   1. Considerations for settlement
   2. Negotiating during conciliation
   3. Enforcing good faith

The panel will review these and other key issues:

• Techniques for cooperating with EEOC on-site investigations, requests for information and production of documents
• The conciliation requirement and how employers can maximize this process
• Key considerations in analyzing EEOC settlement offers during the conciliation process
• Leveraging the good faith requirement to reach the most positive and cost-effective resolution for employer clients