Eeoc Mediation Settlement Guide
Summary
To prepare for an EEOC mediation, document all incidents and calculate lost wages, emotional distress, and attorney fees. Research similar cases for settlement guidance. Consider using legal databases or consulting an attorney for comparable cases. Draft a Freedom of Information request to the EEOC for case details.Full Conversation
I am filing this complaint with the Equal Employment Opportunity Commission (EEOC) to address the issues of discrimination
and retaliation that I have experienced in my workplace from September * until my termination in May *. Summary of
Discriminatory and Retaliatory Actions: *. October *: Ethnic Comments Paul, the director, repeatedly asked me
inappropriate questions about my ethnicity and nationality. He would make comments such as, "How is your hair like that?"
and "How do you get your waves like that?" He also commented on the origin of my last name and made assumptions that I
must have played football based on my appearance. Paul has a known history of treating foreign employees negatively, and I
believe his comments about my ethnicity and physical appearance were discriminatory in nature. *. October *, *: Unsafe
Work Assignment reporting to HR On October *, *, I was instructed by my supervisor, Jason Richardson, to clean a room
that was infested with bedbugs, lice, and scabies. I followed the proper protocol and informed him that the room needed to be
exterminated first. Jason directed me to Paul, who, without listening to my concerns, immediately threatened to write me up
for insubordination. I escalated this issue to HR, and after they investigated, it was confirmed that I was correct. Despite being
vindicated, Paul never acknowledged his mistake. Instead, Paul made another foreign employee, who was neither trained nor
qualified, clean the room before it was exterminated. This was both discriminatory and a violation of health protocols. After I
escalated the issue to HR, Paul began retaliating against me for reporting the situation. This included excessive monitoring and
targeting of my actions. *. January *, *: Aggressive Incident and Dismissal of Complaint to HR On January *, *, my
manager, Jason Richardson, approached me in an aggressive manner with his fists balled up, as if he intended to physically
fight me. I immediately reported this to Paul, who dismissed the incident, making a discriminatory comment: "I don't believeEEOC Form * (*/*)
that, you're so tall and big, what is he going to do to you?" This response was in stark contrast to another incident where a white
female employee, Emily, and a Black employee, Tina James, had a similar issue. Paul immediately took Emily's side and took
action against Tina. I believe Paul's dismissive attitude toward my situation was influenced by both my race and size, as he
failed to address the issue because Jason and I are Black. I notified HR and secured an attorney, who wrote a letter to the
hospital president. Only after the attorney's involvement was the issue addressed. However, after my attorney passed away, the
retaliation worsened, and Paul used Lee, the second-shift supervisor, to carry out further acts of retaliation. *. April *, *:
Complaint Report to HR Lee transferred me to a different area, assuming I would be upset by the move. She promised to send
assistance but never did. Instead, she falsely reported that I was not in the area and that I had refused the room assignment. A
nurse overheard her yelling at me, and the nurse's manager confirmed that I never refused the room and was present. Lee never
apologized for this incident. Despite reporting these actions to HR, nothing was done. Lee even bragged about her relationship
with Amy in HR, implying that her actions would go unaddressed. *. May *, *: Retaliation through Wrongful Termination
The final incident occurred in May * when I attempted to report an issue with a coworker that Lee had partnered with me
to monitor me. This coworker approached me in an aggressive manner. When I tried to contact Lee while still in the office ,
she avoided my calls and did not respond. After waiting over * minutes, I notified the second-shift team lead, James Hegaman,
that I needed to leave due to high blood pressure and feeling unwell. James confirmed that it was okay and that he would inform
Lee. Lee never called me back or returned my multiple calls. Another employee who was also feeling sick left at the same time,
following the same protocol by notifying James. However, the next day, HR informed me that I was fired for "job
abandonment." I believe this termination was a direct act of retaliation and wrongful termination for reporting issues and
escalating matters to HR. Conclusion: I have faced ongoing discrimination based on my ethnicity, race, and physical
appearance, as well as severe retaliation for reporting unsafe work conditions and discriminatory behavior. My wrongful
termination is the culmination of a pattern of discriminatory and retaliatory actions by Paul, Lee, and other supervisors at my
workplace. I request that the EEOC investigate these incidents and take appropriate action to rectify this injustice.I believe I
was discharged in retaliation for participating in protected activity in violation of Title VII of the Civil Rights Act, as amended.
I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my
address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their
procedures.
I'm sorry to hear about your situation. For your EEOC mediation in Virginia, here are some tips:
- **Document Everything**: Ensure you have all relevant documents, emails, and notes.
- **Calculate Damages**: Consider lost wages, emotional distress, and attorney fees.
- **Settlement Range**: Research similar cases for settlement amounts.
- **Consult an Attorney**: If possible, seek specific advice from a legal expert.
Would you like more detailed guidance on calculating the settlement?
- **Document Everything**: Ensure you have all relevant documents, emails, and notes.
- **Calculate Damages**: Consider lost wages, emotional distress, and attorney fees.
- **Settlement Range**: Research similar cases for settlement amounts.
- **Consult an Attorney**: If possible, seek specific advice from a legal expert.
Would you like more detailed guidance on calculating the settlement?
yes
To calculate a settlement amount for your EEOC mediation, consider the following:
- **Lost Wages**: Calculate the income you lost from the time of termination until now.
- **Emotional Distress**: Estimate the impact on your mental and emotional health.
- **Attorney Fees**: If applicable, include any legal fees incurred.
- **Comparable Cases**: Research similar cases for reference amounts.
Would you like more details on any of these points?
- **Lost Wages**: Calculate the income you lost from the time of termination until now.
- **Emotional Distress**: Estimate the impact on your mental and emotional health.
- **Attorney Fees**: If applicable, include any legal fees incurred.
- **Comparable Cases**: Research similar cases for reference amounts.
Would you like more details on any of these points?
yes on all * points
Certainly, let's break it down:
Lost Wages:
- Calculate your total earnings from the time of termination (May *) until now.
- Include any bonuses, overtime, or benefits you would have received.
- Calculate your total earnings from the time of termination (May *) until now.
- Include any bonuses, overtime, or benefits you would have received.
Emotional Distress:
- Consider the emotional and psychological impact the discrimination and termination had on you.
- Document any therapy or counseling sessions and their costs.
- Consider the emotional and psychological impact the discrimination and termination had on you.
- Document any therapy or counseling sessions and their costs.
Attorney Fees:
- Include all legal fees paid to attorneys who assisted you with the EEOC complaint and mediation.
- Include all legal fees paid to attorneys who assisted you with the EEOC complaint and mediation.
Comparable Cases:
- Research EEOC settlements for discrimination and retaliation in Virginia.
- Look for cases with similar circumstances to get an idea of potential settlement amounts.
Would you like assistance with finding comparable cases or additional resources?
- Research EEOC settlements for discrimination and retaliation in Virginia.
- Look for cases with similar circumstances to get an idea of potential settlement amounts.
Would you like assistance with finding comparable cases or additional resources?
yes based on the details i have shared find comparable cases from *-* involving discrimination and retaliation from a hospital riverside medical in virginia
I'm sorry to hear about your situation. Here are some tips for finding comparable cases:
- **EEOC Database**: Search the EEOC's public database for recent cases involving discrimination and retaliation in Virginia hospitals.
- **Legal Databases**: Use legal research databases like Westlaw or LexisNexis to find similar cases.
- **Consult an Attorney**: A legal expert can provide case law and settlements specific to your situation.
Would you like information on how to access these resources?
- **EEOC Database**: Search the EEOC's public database for recent cases involving discrimination and retaliation in Virginia hospitals.
- **Legal Databases**: Use legal research databases like Westlaw or LexisNexis to find similar cases.
- **Consult an Attorney**: A legal expert can provide case law and settlements specific to your situation.
Would you like information on how to access these resources?
help me request the information via draft of FOI to the EEOC
Certainly, here is a draft for a Freedom of Information (FOI) request to the EEOC:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Freedom of Information Act Officer
Equal Employment Opportunity Commission
[EEOC Office Address]
Subject: FOIA Request for Comparable Cases Involving Discrimination and Retaliation at Riverside Medical Hospital, Virginia (*-*)
Dear FOIA Officer,
I am writing to request information under the Freedom of Information Act (FOIA). Specifically, I am seeking access to records of cases involving discrimination and retaliation filed with the EEOC against Riverside Medical Hospital in Virginia for the period from January *, *, to December *, *.
The information requested includes:
- Complaint details
- Settlement amounts
- Case outcomes
This information is necessary for my ongoing EEOC mediation process regarding a similar complaint.
Please inform me of any fees associated with this request. If you need any further information or clarification, please feel free to contact me at the above address or phone number.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Make sure to include your personal
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Freedom of Information Act Officer
Equal Employment Opportunity Commission
[EEOC Office Address]
Subject: FOIA Request for Comparable Cases Involving Discrimination and Retaliation at Riverside Medical Hospital, Virginia (*-*)
Dear FOIA Officer,
I am writing to request information under the Freedom of Information Act (FOIA). Specifically, I am seeking access to records of cases involving discrimination and retaliation filed with the EEOC against Riverside Medical Hospital in Virginia for the period from January *, *, to December *, *.
The information requested includes:
- Complaint details
- Settlement amounts
- Case outcomes
This information is necessary for my ongoing EEOC mediation process regarding a similar complaint.
Please inform me of any fees associated with this request. If you need any further information or clarification, please feel free to contact me at the above address or phone number.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Make sure to include your personal