The U.S. Equal Employment Opportunity Commission


1 The authors contributed equally to this report.


3 McDermott, et. al., “An Evaluation of the EEOC Mediation Program”,

4 Id. and McDermott, et. al. “The EEOC Mediation Program: Mediators’ Perspectives on the Parties, Processes and Outcomes”,

5 Convening is the process by which the parties are brought to the mediation.

6 We discuss our pretesting in greater detail in the next section.

7 All tables are placed below our discussion of the finding.

8 The decision to include only charge numbers that appear in the EEOC database was made in order to ensure that we have complete and accurate information of these charges.

9 Please note that in the section on the employer’s internal investigation of the EEOC charge (See Table XXIV) we analyze whether the employer’s investigative method varied with the charging party’s representation status.

10 Note that while we identify such employers as “informed” they may not have the “experiential information” that comes from actually participating in the program. See page 18 infra.

11 The reader will see that this reason will be a recurring theme motivating employer behavior in this study.

12 We did not ask whether those who did not investigate the charge had prior knowledge of the facts of the charge at issue. Thus, it is possible that for the small percentage that did not investigate it was due to prior knowledge.

13 Please note that categories with very small sample sizes are excluded from this discussion.

14 Originally, there were 15 statements, one was added later.

15 This raises a question as to the depth/quality of the EEOC investigation. This is beyond the scope of this study.

16 The actual number of respondents with legal counsel is unavailable; however, an indication of the actual number can be imputed from the fact that at least 50% of the respondent representatives in the survey are in-house or external legal counsel. Using this figure, the number of respondents with legal counsel who rely on the advice of counsel can be as high as 34%.

17 Please note the disparity in the two sample sizes and the small sample size of the “continuing” group.

18 McDermott, et al. supra at note 3.

19 Responses with small sample sizes are not excluded from these comparisons.

20 Please refer to the report titled, “An Evaluation of the EEOC Mediation Program (, for employer satisfaction ratings.

Previous | Start

This page was last modified on December 2, 2003.

Home Return to Home Page