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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4530
Experience:  Exclusively practice labor and employment law.
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I have to write a position statement conciliation and I have

Customer Question

I have to write a position statement for eeoc conciliation and I have no clue how to formulate it. Any suggestion about what I'm suppose to be writing about?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Basically you need to write a short - i.e no more than 5 pages - summary of your allegations of discrimination, how the employer violated the EEOC laws, the employer's potential liability, and what you are initially asking for to settle the matter.

Keeping this in mind, you must at least be aware of the possibilities of what you could win at an eventual trial, so you may at least suggest to the mediator and opposition what you believe the value of your case is and for what $ or other actions (e.g., promotion to proper position) you may be willing to settle.

To answer this you must first understand the entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs, as well as future wage and benefits costs if the employer is not going to return the employee to work. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion or raise because of discrimination . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances where the discrimination is found to be blatant.

Generally,your best bet in mediation would be to go in with your highest number tallied for all these and present the same as you opening offer. The mediator will then meet with you and or the other party privately, and you should be willing to settle the matter for some figure less than your highest offer. Likewise the other side should come up from its lowest offer. There may also be actions you want the company to take - like reinstate you or grant you a promotion, these demands should also be made clear.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it's the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
The EEOC found probable cause that I was subjected to a hostile work environment based on sex, discrimination based on sex and that I was terminated because of my sex. How do you calculate 3 charges? Can you collect anything for each individual charge or are they grouped together for one lump sum?
Expert:  John replied 1 year ago.

They are all grouped in a sum. In your case however because of the harassment you not only would claim back pay and front pay, but also a certain amount for mental anguish...that number is ***** to compute absent your having been diagnosed by a psychologist or the like for some non-subjective measure of the mental anguish (e.g., you have been diagnosed with depression because of this)

Expert:  John replied 1 year ago.

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Customer: replied 1 year ago.
I made 19.19 an hour? According to what I've read I'm suppose to be reasonable in conciliation but I'm not sure what reasonable would be being that I've been unemployed since 2007. I just started seeing a psyologist at my families request. I was unaware that I had a problem but they couldn't take my mood swings and depression anymore. The psychologist says I suffer from anxiety and I have a fear of men. This is all extremely embarrassing for me. I don't know what I should ask for. How do you detriment what's reasonable when you've lost everything? I don't have many friends left my family ties are almost all severed. I have a hard time focusing and it's letteraly impossible for me to be around men. My palms start sweating, it feels like my heart beat is racing and all I want to do is run. I don't trust men especially those whom I don't know. Hopefully through therapy I'll be able to return to normal but I'm comfortable keeping myself hidden so I know that may be hard. I want to be reasonable but I don't know how to calculate what reasonable is considering my situation, frustration and everything else. I really just want this to be over!!!
Expert:  John replied 1 year ago.

Well you have 8 years of back pay which I calculate at $319,321, plus you appear to have suffered depression (I'm assuming because of this?), so I'd tack on another $319,321 as compensatory or liquidated damages for your mental anguish. One thing I must tell you though, if you bring your psychological state up as a source of damages, you then open it up to discovery by the other side. That is, you must provide them access to you medical records. That's not to say you shouldn't pursue that, but it is what happens and it can be harsh to be questioned by another about your physical/mental health.