What does a private EEOC Attorney do?
An EEOC attorney’s function is save cases from the black hole of the state administrative process. In other words, many people believe that the EEOC acts as a filter so that most cases are disposed of prior to being able to file in federal court. Consider that many unrepresented parties languish in the EEOC for over a year before the process to dismiss the case and issue a right to sue even begins. This is just one example of an obstacle that is created to disincentive a case from proceeding to litigation and pushing a case toward an ultimate dismissal. But in sum, attorneys representing clients in the EEOC generally have ten overarching functions:
Maximize the case value and proper valuation.
Encourage substantial settlement offers and negotiations with opposing EEOC attorneys.
Representation at EEOC mediations and other negotiations.
Avoid damaging procedural errors.
Properly request and utilize EEOC resources.
Expedite the process through EEOC and Federal Court if needed.
Avoid evidentiary mistakes.
Avoid languishing in the EEOC for years.
Litigate the case in front of the EEOC (filings, briefs, etc.).
Demonstration to other EEOC attorneys and EEOC investigators that the represented party has a case with merit.
KM&A offers free and immediate consultations with an EEOC attorney. It is our philosophy that aggressively pursuing our clients interests means that we have to extremely accessible. The consultations are always free so don’t hesitate to contact us 412-626-5626 or by email at firstname.lastname@example.org.
Do I need an EEOC Attorney?
The answer is almost always “Yes.” Ignoring all of the other factors and benefits involved, there is a single factor that, we believe, makes representation overwhelmingly worth it. The simple truth is that opposing EEOC attorneys, EEOC investigators, and former employers rarely take an unrepresented client very seriously. It is because unrepresented parties do not pose much of a litigation danger. Unrepresented parties send a signal that no EEOC attorney will accept their case, that they are ill-equipped to litigate, and that they will mostly likely just “go away.”
The common strategy used by the defense bar is to ignore and minimize the claims. It is an extremely effective strategy and this bullying tactic is well known even by small employers. Most people are shocked that the EEOC investigator does not advocate for their position, but the reality is that they are often simply trying to process a massive case load and to clear it as quickly as possible.
Aside from the extreme disadvantage that unrepresented parties face, there are numerous procedural hurdles and legal maneuvering that can only be accomplished by specific requests or filings.