Workplace Mediation

On average, annually, Law & Mediation mediates 200-250 workplace complaints involving alleged violations of of the Americans with Disability Act [ADA], Family Medical Leave Act and Equal Employment Opportunity [EEO] laws, sexual harassment, retaliation, bullying, intimidation, disrespectful communication and interpersonal conflict. Resolutions are achieved in over 88% of our workplace mediation cases. Mediators at Law & Mediation also provide training and one-to-one coaching geared towards workplace issues including but not limited to conflict resolution, respecting differences, understanding different workplace behaviors and learning techniques for effective communication, introduction or reaffirmation of workplace policies and legal responsibilities for the workplace.

Impartial Way to Resolve Disputes
Without Litigation

More Cost Effective Than Legal Remedies

It's Not About Conflict.
It's About Finding Solutions.

Mediators can be utilized to address interpersonal conflicts between staff and management.  Mediation has been used to address allegations of discrimination, harassment, intimidation and bullying, grievances for discipline and legal claims involving terminated or current employees who believe that they have been subjected to illegal discrimination and or retaliation.  For example, an existing employee may claim that their supervisor is harassing them. An employee who was terminated or denied promotion may claim that these actions were based on or that the actions constitutes discrimination based on: The Americans with Disabilities Act (ADA) (Title I) disability, ADA Title VII race, color, religion, national origin, pregnancy or sex, The Age Discrimination in Employment Act (ADEA) age, The Genetic Information Nondiscrimination Act (GINA) genetic information. Additionally, under Sections 501 and 505 of the Rehabilitation Act an employee could claim that they were retaliated against because they complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Lastly, a terminated employee may allege that he or she has been wrongfully terminated and that the termination was unfair or without good cause.

Additional Practice Area Information

Age
Disability
Genetic Information
Harassment
Pregnancy
Race, Color, Religion, National Origin or Sex
Retaliation
Sexual Harassment
Age

The Age Discrimination in Employment Act of 1967 (ADEA) protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Disability

Title I of the Americans with Disabilities Act of 1990 (ADA) makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Genetic Information

The Genetic Information Nondiscrimination Act of 2008 (GINA) makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Harassment

Harassment in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA), is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

  • The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
  • Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Pregnancy

The Pregnancy Discrimination Act amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Race, Color, Religion, National Origin or Sex

Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

Retaliation

Sections 501 and 505 of the Rehabilitation Act of 1973 make it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Sexual Harassment

Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.

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