The Equal Employment Opportunity Commission (EEOC) investigates numerous employment discrimination complaints each year. Settlements are encouraged in cases where an investigation has confirmed discriminatory employment actions or in cases where facts are strong and indisputable. The EEOC requires specific criteria for a settlement to an employment discrimination complaint.
Complaint
The complaining person (complainant) must agree to withdraw the complaint and is prohibited from filing any further complaints or lawsuits relating to any issue being resolved in the settlement agreement.
Relief
Any monetary compensation or intangibles are specified in the settlement agreement. An example would be back pay or a promotion.
Confidentiality
All parties to the complaint are prohibited from disclosing the terms of the settlement agreement.
Fault
The employer and/or responding party does not admit fault to any of allegations brought by the complaining party or that are contained in the complaint filed with EEOC.
Voluntarily
Both parties agree that they entered into the settlement agreement voluntarily and were not coerced.
Breach of Agreement
Information must be provided indicating who to contact and the consequences if either party breaches any term of the settlement agreement.
