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Employer asked EEOC to call me about my discrimination claim. Is this mediation?

Atlanta, GA |

I filed a complaint for age discrimination in hiring with the EEOC a few months ago. I agreed to mediation with the EEOC and so did the employer. I have a witness that the hiring manager used ageism at my job interview and another witness that was hired for the position that is 20 years younger than me and less experienced.

The employer asked the EEOC mediator could he contact me by phone to reach a potential resolution and he left me a message today to call him. Is this considered the mediation itself? Should I ask for settlement in this phone call? I no longer live in the city where the job is, so I am not interested in it even if they offered it. Thanks so much.

Attorney Answers 2


  1. Best answer

    In this situation, it is somewhat unusual for the employer to be contacting you directly. This is NOT the mediation, but perhaps an effort on the part of the employer to settle the matter with you outside the EEOC mediation process. You are free to see what the employer has to say, if you want to hear its offer. I recommend you consult with a local attorney with experience in this area, and that you proceed with the EEOC mediation, unless of course, you are now living a distance away from the EEOC handling the claim. Good luck.

    This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-client relationship with the reader.


  2. Mediation is usually done in person, with a neutral third party called a mediator. The mediator is usually a lawyer or retired Judge.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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