Universal Agreements to Mediate

The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing federal workplace antidiscrimination laws. These laws include:

Title VII of the Civil Rights Act of 1964
The Equal Pay Act of 1963
The Age Discrimination in Employment Act of 1967
The Americans with Disabilities Act of 1990

When an employee believes that he or she has been discriminated against in violation of one of these laws, he or she must usually file a complaint with the EEOC before any other action may be taken. In an effort to reduce litigation and to increase the likelihood that disputes will be resolved efficiently, the EEOC promotes the alternative dispute resolution technique of mediation.

When an employee files a charge with the EEOC against an employer, the parties may voluntarily choose to mediate the dispute, thereby eliminating the need for a lengthy investigation or litigation process. Pursuant to an EEOC mediation, a neutral third party mediates the dispute, free of charge to the employee and the employer. If the mediation is unsuccessful, the EEOC will resolve the dispute according to standard EEOC procedure.

To increase the likelihood that parties will mediate disputes and to streamline the mediation process, should the need for such services arise, the EEOC encourages employers to sign Universal Agreements to Mediate (UAM).

A UAM is an agreement by an employer to mediate all eligible discrimination charges filed against it before an investigation or litigation ensues. If an employer has signed a UAM, it does not have to sign an individual agreement to mediate for each mediation in which it participates. Even if a UAM is in place, however, an employer need not mediate every dispute. The employer is still free to refrain from mediation in a particular case if it believes that the facts do not lend themselves to effective mediation. Similarly, an employee may choose not to agree to mediation with an employer that has a UAM in place. The employee may opt out of the mediation process, thereby forcing a formal EEOC investigation.

The EEOC cites several benefits to having a UAM:

A UAM eliminates or shortens the initial step of contacting an employer to determine if it is willing to mediate a particular charge.
A UAM improves the flow of information between the employer and the EEOC.
A UAM expedites the scheduling of mediation sessions.
Both the employer and employee may opt out of mediation on a case by case basis even if the employer has signed a UAM.
A UAM is private, unless the employer agrees to make it public.

Universal Agreements to Mediate

“For the People”