EEOC Encourages Settling Disputes Without Litigation

The Equal Employment Opportunity Commission (EEOC) has long encouraged mechanisms other than litigation for settling EEO disputes. One mechanism, the “offer of resolution,” has been approved since 1999, but continues to be underutilized despite its benefits. In the following, we will share key takeaways from an interview between Tom Temin of the Federal News Network and Virginia Andreu, assistant director of the EEOC’s office of federal operations. The interview, titled “There’s a quick way to settle EEO disputes, but few agencies try it,” can be found here.

The EEOC is reissuing advice on settling disputes with an offer of resolution rather than through litigation. An offer of resolution involves granting a complainant the same restitution and other arrangements that he/she would likely be awarded if a finding of discrimination was made through further investigation.

According to Andreu, the offer of resolution has benefits for both agencies and complainants. Settling with an offer of resolution is faster and less expensive than litigation. Andreu emphasizes that offering a resolution conserves resources and allows them to be used for “mission related programs and activities.”  In addition to saving time and reducing costs, Andreu argues that the offer of resolution is beneficial because it can boost complainant morale. This is because the offer of a resolution demonstrates that an agency is “open minded and cooperative in seeking to resolve disputes through a settlement mechanism.” Finally, the offer of a resolution benefits complainants because it allows them to receive an appropriate remedy faster.

So, what all goes into an acceptable offer of resolution?

In order to be acceptable to both parties and the EEOC, an offer of resolution must be in writing, explain the consequences of refusing to accept the offer, and include monetary and non-monetary relief granted to the complainant. It is also important to note that an offer of resolution must be made within a specific timeframe. When a complainant is represented by an attorney, an offer of resolution may be made at any time until 30 days before a hearing. When a complainant is not represented, and offer of resolution cannot be made until the case is assigned to an administrative judge. An offer of resolution must meet the above criteria to be considered valid and enforceable.

For more information on the offer of resolution, see the EEOC’s new article, “The Offer of Resolution Settlement Procedure in the Federal Sector,” on EEOC.gov.

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