Richard D. Fincher is a full-time Attorney-Mediator of workplace disputes, commercial claims, and employment class action litigation. He has resolved over 1500 matters during his career. His latest class settlement alleged pregnancy discrimination of private security guards. He regularly teaches at the Scheinman Institute on Conflict Resolution at Cornell University, has presented over fifty CLEs on various themes of employment ADR, and is an elected member of the National Academy of Arbitrators.
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.
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.1