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Can you avoid going to court on your discrimination claim?

One of the reasons you may have hesitated to even make a complaint about what you believe to be discrimination against you is because you didn't want the attention. All you want is to do your work and be left alone. Unfortunately, the situation reached the point where you had to do something.

Now, it looks as though you could end up in court because you feel your employer didn't adequately address your concerns. Fortunately, you may not have to take your claim to court.

Have you considered mediation?

You don't have to give up on protecting your rights because you don't want to go through a lengthy and expensive court proceeding. You could participate in mediation with your employer. The Equal Employment Opportunity Commission actually provides mediation services free of charge, but that does not mean that you should forgo obtaining counsel to assist you. Just like in any mediation, the mediator does not represent you. His or her function is just to facilitate the discussions.

Below is other information regarding the process you may want to know:

  • Mediation is not about placing blame. Instead, it's about coming to a mutually satisfactory resolution to the dispute.
  • Anything discussed in your mediation sessions remains confidential, which may help entice your employer to participate in the process.
  • Both parties have the opportunity to express their views on the subject matter. Often, the core problem has to do with a lack of communication and understanding of the other party's position.
  • You and your employer can put together an agreement that works best for everyone involved.
  • Any agreement reached could help change company policy to prevent the same issue from arising again -- for you or for someone else.
  • Mediation often takes less time. You could have your complaint resolved in much less time, which means everyone can get back to work and put the matter behind them.

As you can see, everyone gets something out of this process. You avoid the public attention going to court, which could make you feel vulnerable. No one has to know what you went through or what steps you and your employer took to set things right. Even in this less adversarial process, you need to make sure your rights remain protected. You may also need help determining whether a proposed resolution would best suit your needs. Involving a Texas employment law attorney could assist you with these goals.

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Sturm Law PLLC
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Houston, TX 77002

Phone: 713-955-1800
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