This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate to its current form. Then, Part III will cover EEOC mediation by explaining how the process works and its limitations. Part IV will display statistics concerning the mediation program's work volume and resolution rates, and Part V will discuss reasons why employer participation in the mediation program is so low. Part VI of this article will then discuss the components needed to facilitate a fair and impartial mediation, and whether or not the current EEOC Mediation Program possesses those components. Lastly, Part VII will provide a feasible solution that could eradicate any impropriety, or perception of impropriety, in EEOC mediations.
A Business Alternative: Changing Employers' Perception of the EEOC Mediation Program,
16 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol16/iss2/10