Conciliation Among the Parties

Where the EEOC determines that there is reasonable cause to believe that discrimination against a person with disabilities has occurred (or is occurring), the EEOC attempts to eliminate the practice through conciliation among the parties. The EEOC is not required to conciliate before issuing a reasonable cause determination. During conciliation, the EEOC attempts to reach an agreement that is satisfactory to the employee, employer and the Commission and achieves a just resolution of all violations. The EEOC must make a good faith attempt to conciliate. In evaluating whether the EEOC has satisfied this statutory obligation, the courts focus upon the ''reasonableness and responsiveness of the EEOC's conduct under all the circumstances.'' The EEOC has prepared conciliation standards, which provide for mandatory minimum remedies required by the Commission to resolve specified unlawful employment practices. During the conciliation process, the EEOC may obtain the employer's agreement to comply with the non-discrimination provisions of the ADA and to provide appropriate relief to the complainant.