How to negotiate at conciliation stage? Respondent just sent a counter offer, eeoc sent a counter offer as well. What to expect

Asked over 2 years ago - Davenport, FL

National origin discrimination and retaliation (hiring), respondent denied employment 16 times with mass hiring, opening a new property, EEOC found they did not hired Hispanics in management positions. Just white Caucasian.

Attorney answers (2)

  1. Marilynn Mika Spencer

    Contributor Level 20

    Answered . I am a California attorney and not eligible to give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. You should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

    I agree with Mr. Haber that you need your own attorney. However, I want to clarify something in his response. An EEOC conciliation is a mediation, for all practical purposes. The significant difference between an EEOC mediation and an EEOC conciliation is that the EEOC has not analyzed the merits of a charge before it goes to mediation. In a conciliation, the EEOC has investigated and analyzed the facts, and has made a decision that unlawful discrimination took place. The conciliation process is just like a mediation; it just has a very different and very different starting point.

    The issue of whether a charging party needs his or her own attorney during an EEOC mediation comes up fairly often here on Avvo. For this reason, I've written a guide on this subject and I encourage you to review it: I urge you to read it.

    Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  2. Michael S. Haber


    Contributor Level 20

    Answered . Asking for advice as to how to conduct a negotiation is really the wrong question. The right question is whether you should have an attorney. And the answer to the right question is yes.

    Your posting suggests that you are somewhat in over your head. Apparently you made a demand and the respondent counteroffered. Contrary to your reportage, EEOC did not counteroffer. The most EEOC may have done is to convey an offer from you, the charging party, or from the respondent. If mediation were taking place, then EEOC might suggest a sum.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more

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