FEHA Mediation and EEOC Mediation are options to consider when an ex-employee has filed a complaint directly with the agency. You CAN have an attorney represent you at the FEHA Mediation (or EEOC Mediation), and we believe you should, as your former employer will almost surely be represented by counsel.
What is FEHA? FEHA is the acronym for the Fair Employment and Housing Act, which references the set of California Statutes defining and prohibiting illegal discrimination in housing and employment. The California agency that enforces these laws is the California Department of Fair Employment and Housing (DFEH).
What is EEOC? EEOC is the acronym for the Equal Employment Opportunity Commission which is the Federal agency responsible for enforcing the federal laws prohibiting illegal discrimination in employment.
Resolving Claims of Discrimination: Agency v. Civil Court: In the majority of the plaintiff’s cases that we handle, we obtain a “right to sue letter” from the DFEH and proceed directly to civil court (state or federal), thereby bypassing the State Agency’s )i.e. DFEH) internal investigation and dispute resolution process.
However, some plaintiffs elect to file their complaint directly with DFEH (or EEOC). Upon receipt of a the charge of discrimination from a complainant, DFEH (like the EEOC) follows a standard dispute resolution flowchart for each complaint. You can find out more about EEOC mediation here. An important part of the dispute resolution process for the DFEH and EEOC, is a mediation between the parties conducted with a third party mediator while the charge is pending in front of th DFEH or EEOC.
Importantly, a plaintiff can have an attorney represent them at the mediation stage of the agency’s dispute resolution process – and they should! Otherwise, the inexperienced plaintiff will be there without an attorney, facing a company, its representatives as well as the company’s counsel.
We’ve represented clients at both DFEH and EEOC mediations in Southern California and Northern California, and around the country in EEOC mediations. If you have filed a discrimination charge, and are looking for representation at an agency mediation, please contact us and we will be happy to review your case to see if we can assist.
About Adishian Law Group, P.C. Adishian Law Group (http://www.AdishianLaw.com) is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. As of November 2015, the firm has represented corporate and individual clients located across 22 California counties, 13 States outside of California and 9 foreign countries in over 480 legal matters. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco.
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