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How long does it take to get a EEOC mediation date in California?

Sacramento, CA |

I filed an EEOC claim in late March 2013 against my ex employer, and the EEOC determined a violation of Title VII Civil Rights Act of 1964. The EEOC recommended mediation in which I agreed to go through with that process. I have not heard anything back from EEOC nor the Mediation Program in San Francisco. Is there a statue of limitation on getting a mediation date from the time of EEOC determination? Thank you.

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Attorney answers 2

Best Answer

Quite possibly the employer has not yet responded or has not agreed to participate in mediation. The EEOC offers mediation as a way of reducing the load of cases that are otherwise pending EEOC "investigation." Employers and their attorneys know that the referral for mediation does not imply any finding or peril for the employer, and the employer's interests are not ordinarily served by prompt responsive agreements to mediation.

Many employees erroneously expect that the EEOC is going to conduct a meaningful fact-driven hands-on investigation of the their claim, resulting in a factual determination and order for correction or rectification. None of this is true. In almost every instance, the EEOC is no more than an administrative pre-requisite to the right to bring a private legal action. It is not the only or even the best agency with which to file your claim, and the EEOC does not represent you or your legal interests. Your claim could sit there un-acted on for a very long time.

Even if your claim is eventually mediated with EEOC , it is not in your interests to be the only party in the mediation without the benefit of legal counsel and advice. Please, if your case matters to you, find a local employment discrimination attorney and make an appointment for a consultation.

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It is highly unlikely that the EEOC has made a determination of a violation of Title VII this soon. I think you may have misunderstood a communication. The mediation usually occurs long before the EEOC investigation is completed.

The EEOC, like so many other governmental agencies, is under funded and over worked. There is no real deadlines for the completion of the mediation. You will simply have to wait for the notice.

Good luck to you.

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