Before you accept this opportunity to settle a charge of discrimination
filed against your company with EEOC, there are several factors
to consider, including the effect on other similarly situated
employees and whether you have either a belief that talking
to the employee can resolve misunderstanding and reach a solution,
or that it is a case worth early settlement to avoid an expensive
lawsuit and extensive potential damages.
One extremely important factor
to consider: EEOC will not provide a full and complete
waiver and release of all potential claims. As a result, if
you do not have your own counsel prepare you a full waiver that
must be signed in addition to the EEOC settlement form, you
are not fully protected from a lawsuit.
Consider: Is the discrimination claim stated in the Charge the
only claim that can be brought against you? In many states,
including Florida, there are state laws against discrimination
that are not covered in the EEOC settlement agreement. Other
federal laws such as 42 USC Sec. 1981 (prohibiting race discrimination)
and the Equal Pay Act are additional examples of laws that are
not mentioned in the EEOC standard settlement form and therefore
the employee could take the settlement money and file a lawsuit
anyway under laws not covered by your settlement.
