Conciliation Process

Conciliation is a voluntary process where a neutral third party helps the parties involved in an employment discrimination dispute, such as under Title VII of the Civil Rights Act, to reach a resolution without going to court. The goal is to find a mutually acceptable solution to the conflict.

Example #1

An employee believes they were passed over for a promotion due to their gender and files a discrimination claim with the Equal Employment Opportunity Commission (EEOC). The EEOC offers conciliation to the employer and employee to resolve the matter before a lawsuit is filed.

Example #2

A worker alleges they were wrongfully terminated based on their age and enters into conciliation with their former employer facilitated by the EEOC to settle the dispute amicably.

Misuse

Misusing the conciliation process may occur if one party uses the process as a delay tactic to avoid addressing the underlying discrimination or if a party engages in negotiations in bad faith without a genuine intent to reach a fair resolution. It is important to protect against misuse to ensure that both parties engage sincerely in the process and work towards a meaningful resolution.

Benefits

Conciliation can be beneficial as it allows the parties to resolve disputes quicker, maintain confidentiality, save on legal costs, and preserve working relationships. By avoiding lengthy legal battles, both the employer and employee can move forward positively.

Conclusion

Conciliation is a valuable tool in resolving employment discrimination disputes amicably and efficiently, benefiting both employees and employers. Safeguarding the integrity of the conciliation process is crucial to ensure that it serves its intended purpose of fostering fair resolutions in the workplace.

Related Terms

Title VIIEqual Employment Opportunity Commission (EEOC)