Originally from:

AAA Handbook on Employment Arbitration and ADR - Third Edition

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I. Introduction

The United States Equal Employment Opportunity Commission (EEOC) continues to direct significant resources toward systemic and class action litigation. As these cases are complex and contentious, it is commonly difficult for litigants to resolve the litigation without a mediator. This article describes the unique nature of EEOC class litigation and various elements leading to a successfully mediated outcome.

II. Background

The Equal Employment Opportunity Commission (EEOC or Agency) is the federal administrative agency designated to enforce multiple employment discrimination laws. Two of the major statutes enforced by the EEOC include the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended. Examples of prohibited conduct include discrimination motivated by race, gender (including pregnancy), national origin, ethnicity, religion, age, disability, genetic information, and retaliation.

The EEOC organizational structure involves a national office and field operations. The national office includes the Commission, consisting of political appointees, whose role is to develop strategic direction and operational policy. The other national office is the Office of the General Counsel, who prosecutes cases. Field operations consist of District Offices, headed by a District Director and Regional Attorney, who independently report to the national office. Area offices in smaller cities report into the District Office. Within a District Office, there are four units: investigation, mediation, litigation, and outreach. Cases entering the system are docketed and assigned to an Investigator. Each case is then assessed for processing, reflecting significance of the allegation and linkage to the Agency or District enforcement priorities.