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EEOC Mediation Settlement of Discrimination and Retaliation Changes

Brooklyn, NY |

I am going to an EEOC mediation settlement for a charge of racial/national origin discrimination and retaliation. I also found out that I had received inequitable pay, at least 20% lower than my white colleagues having the same job titles. Should I file a separate Equal Act charge? Or should I try to settle discrimination/retaliation with equal pay altogether? Since I may still have to work in the current company, I was told that I should expect no more than $5000-$10000 for the settlement for discrimination/retaliation. Is it what happens often in settlements?

Attorney Answers 2

Posted

Not having more details, it is difficult to advise you, but unless you really need the 5k to 10k, I think you should hire an attorney to guide you and pursue this further. The numbers being discussed are extremely low. You should amend your EEOC charge to allege unequal pay, and pursue all avenues. Naturally, if you intend to work at the company in the future, settling might be a better option, although not as lucrative. I'd be happy to discuss your options with you further.

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Posted

Thank you for your answer. I will talk with my EEOC mediator to amend the EEOC charge. I have evidence to support that for at least 8 years out of my 9 years in the company, I received significantly lower pays than others with the same job assignments and/or titles. In this case, how many years of back pay should I request during mediation? My EEOC mediator says that it is likely for my employer to raise my pay to be of the level of others but if I want any back pay, I will have to go to court. Is this the usual case, that if I want to stay on, what I get will be job security (for how long?), higher pay, but not much else?

Posted

The value of each case depends on the specific facts of each case. You have to examine what your actual damages are in terms of lost pay, lost benefits and rights of employment. You should not sign any documents at the EEOC mediation or in settlement without having them reviewed by an attorney. If you are actually able to prove the Equal Pay claim, you should make sure that you mention the facts supporting that claim as a part of the mediation discussions.

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Thank you for your answer. I was told the EEOC mediator that Equal Pay act only applies to gender difference while Title VII covers race-based compensation discrimination. I am definitely looking for a lawyer, at least to go through the settlement results.

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