Questions and Answers
EEOC "Referral Back" Mediation Pilot Program

Why is the EEOC interested in exploring this Pilot?

Employers have adopted internal programs for informally resolving employment disputes internally, including discrimination claims. Such programs have assisted in the resolution of claims promptly and amicably The Commission is exploring whether employer-provided dispute resolution programs that operate fairly and voluntarily, can serve as an effective means of resolving employment discrimination charges filed with EEOC. We are looking at employer plans that meet criteria for participation.

What are the basic steps involved in the Pilot?

Under the Pilot, a charging party who has filed a charge with EEOC may elect to have his or her charge referred to the employer's program in an attempt to resolve the dispute. The processing of the charge would be suspended for up to 60 days during this attempt. If the dispute is resolved through the employer's program, the charge will be closed. If the dispute is not resolved, the EEOC will resume processing of the charge.

When was the Pilot launched?

The program was launched on March 3, 2003, in the Philadelphia District Office. The pilot was later expanded to include the Seattle District Office.

What companies have agreed to participate in the Pilot?

Four Fortune 500 companies and one local governmental entity have agreed to participate in the initial phase of the Pilot. As the Pilot progresses, the Commission will re-evaluate whether to provide additional information.

What are the criteria for participation in the Pilot, and how will companies be selected to participate?

We are reviewing plans that have been submitted to see if they meet the criteria for participation in the Pilot. Our field offices have recommended employer plans which they believe meet the Pilot criteria and some employers have submitted their plans to us after our meetings with employers and employer groups to talk about the Pilot program.

The general criteria we have established for the employer's program to be considered for the Pilot include the following:

• The employee's participation is voluntary.
• The employer has clearly written procedures which have been communicated to employees.
• The program is free to the employee.
• The program addresses claims and provides the relief available under EEOC statutes.
• Settlements are in writing and enforceable in court.
• The internal program is an established one. To be established an employer must demonstrate:
  1. that employees have used its internal ADR program for EEO related disputes;
  2. that it has recently and effectively informed employees of the existence of its ADR program, or the employer must agree, in coordination with the EEOC, to publicize its participation in the Referral Back pilot.

Does the selection of an employer and its program constitute an endorsement of that program?

No, EEOC's selection of the employer does not constitute an endorsement or approval of an employer's program. It merely indicates that the program meets the criteria for participation in the Pilot.

What charges will be eligible under the Pilot?

The charges eligible for the Pilot are the same charges eligible for EEOC's private sector mediation program. The charges that are not eligible include Commissioner, class and systemic charges, and Equal Pay Act charges.

Does a charging have to agree to participate in the Pilot or will their charge automatically be referred to the employer's program?

Participation by the Charging Party is completely voluntary. If Charging Party decides not to participate in the Pilot, this decision will not affect the further processing of the charge by EEOC.

How long will the EEOC suspend its processing of a charge referred to an employer's program?

If charging party agrees to participate in the pilot, EEOC will suspend processing of the charge for up to sixty (60) days, until the matter has been resolved, or until the charging party requests that the Commission resume processing. The processing of the charge, however, will not be suspended a second time, even if the charging party requests or re-enters the employer's internal program.

Will EEOC recognize agreements reached during the employer's ADR program?

Agreements reached in the pilot must be in writing. EEOC will honor written agreements resolving charges handled through the Pilot. EEOC, however, will not participate in drafting or signing the agreement.

How will EEOC treat confidentiality agreements made between the parties in an employer's ADR process and will the EEOC abide by those confidentiality provisions?

EEOC will honor confidentiality agreements voluntarily entered into by the parties participating in the pilot. EEOC, however, is not prevented from using otherwise confidential information under such agreements, if it was obtained by EEOC from other independent sources or through any subsequent EEOC investigation of the charge.

This page was last modified on July 29, 2004.

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