Return to Home PageDear Respondent Official or Respondent Representative:
This is a confidential survey. As a respondent who has declined to participate in the EEOC mediation program, your opinions and insights into your reasons for declining to participate in the program are of great value for two reasons. First, your candid and complete answers to this survey will provide the EEOC with knowledge and insight on the reasons why some employers do not participate in the mediation program. Second, the information you provide will help the EEOC to improve its mediation program, which will directly benefit your organization or client and other potential participants.
We are professors at Hood College and the Franklin P. Perdue School of Business at Salisbury University. Working under contract with the Equal Employment Opportunity Commission (EEOC), we will compile the data in strict confidence and will prepare a summary report for the EEOC. The EEOC will not be able to identify you or your comments. The EEOC Charge number is included in this survey for internal use by the research team. We will not use this charge number or any of your responses to identify you to the EEOC or to any other entity. Your assistance will allow the EEOC to better understand employer perceptions and will contribute to the improvement of its current mediation program.
Once again, let us assure you that your identity is protected by strict confidentiality, thus allowing you to be candid and open in answering the survey questions. No one will know how you answered the questions because we will never report findings on an individual basis, but only as the entire group has answered.
Please return the questionnaire to us in one of the following two ways. Please fax the completed survey to us at 775-871-9056. (If you encounter any transmission problems our backup fax number is 410-990-0172.) No cover sheet is necessary as this private fax goes directly to a team researcher. Or, if you prefer, you may send it to us by mail to Dr. Anita Jose, MBA Director, Department of Economics & Management, Hood College, 401 Rosemont Avenue, Frederick, MD 21701.
We appreciate your participation! Your feedback will help the EEOC to improve its mediation program.
Thanks once again!
The Research Team
Drs. E. Patrick McDermott, Anita Jose, & Ruth Obar
Part I. Company and Representative Information
Instructions: Please check the box next to the appropriate response.
Please identify yourself:
[ ] I am a member of Management [ ] I represent the employer as Legal Counsel. Please specify whether you are an: [ ] In-House Counsel [ ] External Counsel [ ] I represent the employer as an External Consultant [ ] I represent the employer as the (non-managerial) Human Resource or Personnel Representative [ ] I am the CEO or Owner [ ] Other (Specify)______________ Please identify your role in deciding whether to mediate the case or not: [ ] I am the sole decision-maker [ ] I am one of the decision-makers [ ] I provide input to the decision-maker(s) [ ] Other(Specify) __________________ What is the current status of the charging party’s employment relationship with your organization? [ ]Continuing [ ]No Longer with the Organization [ ] Refusal to Hire Is the charging party being represented by an attorney in this case? [ ]Yes [ ]No [ ]Do not know Is the charging party being represented by a Union in this case? [ ]Yes [ ]No [ ]Do not know The number of times the company/employer has previously participated in the EEOC mediation program: [ ] Zero [ ]1-5 [ ] 6-10 [ ] 11-15 [ ] 16-20 [ ] 21+ The approximate number of cases that you have had before the EEOC as the representative of any employer is: [] Zero [] 1-5 [ ] 6-10 [ ] 11-15 [ ] 16-20 [ ] 21+ The approximate number of times that the EEOC has issued a “Notice of Reasonable Cause” against any client/company represented by you is: [] Zero [] 1-5 [ ] 6-10 [ ] 11-15 [ ] 16-20 [ ] 21+ The number of times that you have litigated against the EEOC in Federal District Court is: [] Zero [] 1-5 [ ] 6-10 [ ] 11-15 [ ] 16-20 [ ] 21+ The number of times that you have participated in the EEOC mediation program in the past is: [] Zero [] 1-5 [ ] 6-10 [ ] 11-15 [ ] 16-20 [ ] 21+
Part II
Instructions: Please circle your responses unless indicated otherwise.
1. Did you or your organization investigate the EEOC charge prior to making your decision to decline the opportunity to mediate?
Yes -- Please proceed to Question 2.
No -- Please skip to Question 3.
2. If you or your organization conducted an investigation, which of the following actions did you take?
| Action | Check All That Apply |
|---|---|
| Spoke to charging party | |
| Spoke to charging party supervisor | |
| Spoke to other management employees | |
| Spoke to other non-management employees | |
| Spoke to customers and/or third parties outside the organization | |
| Collected statements from all parties involved | |
| Heard charging party’s presentation during the grievance process | |
| Reviewed documents | |
| Reviewed with company attorney | |
| Researched the law | |
| Brought in third party to investigate | |
| Conducted other investigation (Please specify action): |
|
3.Were you familiar with the EEOC mediation program prior to your decision to NOT participate in the program?
Yes -- Please proceed to Question 4.
No -- Please answer the following question.
3a. Did you investigate the EEOC mediation program prior to your decision to NOT participate in the program?
Yes -- Please proceed to Question 4.
No -- Please answer the following question.
3b. If you answered “no” to the question above, please specify why.
4.Have you ever attended any EEOC Outreach program or other seminars that included an EEOC representative?
Yes No
5.Please provide information regarding the reasons why you are electing not to participate in the EEOC mediation program. Below is a list of possible reasons why companies elect not to participate in the program. Please review this list and place a check mark next to all that apply and indicate the importance of the reason in your decision not to participate in mediation.For example:
| Reasons for electing not to participate in the EEOC mediation program: | Check if reason applies | A. Indicate the importance | ||
|---|---|---|---|---|
| Low Average Importance | Average Importance | Above Average Importance | ||
| It is less expensive to present a position statement than to mediate | 1 | 2 | 3 | |
| Don’t believe in negotiated settlements | 1 | 2 | 3 | |
| Lack of familiarity with the mediation program | 1 | 2 | 3 | |
Instruction: Please record your response.
| Reasons for electing not to participate in the EEOC mediation program: | Check if reason applies | Indicate the importance | ||
|---|---|---|---|---|
| Low Average Importance | Average Importance | Above Average Importance | ||
| Merits of the case do not warrant mediation | 1 | 2 | 3 | |
| Unwillingness to deal with the charging party in person | 1 | 2 | 3 | |
| Do not believe in mediation | 1 | 2 | 3 | |
| Do not have enough time to consider mediation | 1 | 2 | 3 | |
| My lawyer advised against mediation | 1 | 2 | 3 | |
| Prefer to deal with this charge in the Union- Management grievance process | 1 | 2 | 3 | |
| Prefer to deal with this charge in the Company-Employee nonunion employee dispute resolution program | 1 | 2 | 3 | |
| The low likelihood of the EEOC issuance of a “Reasonable Cause” determination in this investigation | 1 | 2 | 3 | |
| Belief that the EEOC will not fully investigate the case | 1 | 2 | 3 | |
| Belief that it is less expensive to present a position statement than to mediate | 1 | 2 | 3 | |
| The reputation of the charging party’s attorney or other representation has discouraged me from trying mediation | 1 | 2 | 3 | |
| Concern that I will set a precedent among other employees by mediating | 1 | 2 | 3 | |
| Lack of familiarity with the mediation program | 1 | 2 | 3 | |
| Unproductive prior experience(s) with the EEOC mediation program | 1 | 2 | 3 | |
| Unproductive prior experience(s) with the EEOC investigative program | 1 | 2 | 3 | |
| Unproductive prior experience(s) with the EEOC in general | 1 | 2 | 3 | |
| Other Factors: If there are factors not on this list, please identify them below and provide a numerical rating of their importance (1 to 3). |
||||
6. We are interested in your general perceptions of the EEOC. Please circle the appropriate responses to the following statements.
| Statements | Circle Your Responses | ||||
|---|---|---|---|---|---|
| Strongly Disagree | Disagree | Neither Agree Nor Disagree | Agree | Strongly Agree | |
| Based on my experiences, I believe that the EEOC mediation program is effective. | 1 | 2 | 3 | 4 | 5 |
| Based on the experiences of others, I believe that the EEOC mediation program is effective. | 1 | 2 | 3 | 4 | 5 |
| The EEOC mediation program is not as employer friendly as I like. | 1 | 2 | 3 | 4 | 5 |
| Based on my experiences, I believe that the EEOC is effective in achieving its mission to eradicate employment discrimination at the workplace. | 1 | 2 | 3 | 4 | 5 |
| Based on the experiences of others, I believe that the EEOC is effective in achieving its mission to eradicate employment discrimination at the workplace. | 1 | 2 | 3 | 4 | 5 |
| The EEOC as a whole is not as employer friendly as I like. | 1 | 2 | 3 | 4 | 5 |
Part III: For External Attorneys And Consultants Only
7. Please circle the appropriate responses to the following statements. (Do not complete this question if you are in-house counsel or other staff.)
| Statements | Circle Your Responses | ||||
|---|---|---|---|---|---|
| Strongly Disagree | Disagree | Neither Agree Nor Disagree | Agree | Strongly Agree | |
| I make my decision about whether to mediate an employment discrimination charge based on the client’s financial capability to pay the resulting legal fees. | 1 | 2 | 3 | 4 | 5 |
| I usually mediate an EEOC charge if the charging party has hired an attorney. | 1 | 2 | 3 | 4 | 5 |
| I will sometimes decline to mediate at the EEOC but will later engage in private mediation on the charge or lawsuit arising from the charge. | 1 | 2 | 3 | 4 | 5 |
| Some lawyers make their decisions about whether to mediate an employment discrimination charge based on their clients’ financial capability to pay the resulting legal fees. | 1 | 2 | 3 | 4 | 5 |
Part IV: For All Respondents
8. Was there anything the EEOC could have done differently so that you would mediate this charge?
Yes -- Please answer the following question.
No -- Please proceed to Question 9.
8a. If you answered yes, please explain.
9. If you have any other comments for the EEOC, please indicate them below.
Thank you for your participation!!!
QUESTIONNAIRE RETURN INFORMATION
Please FAX the completed questionnaire to 775-871-9056 (backup fax number is 410-990-0172) OR please MAIL the completed questionnaire to:
Dr. Anita Jose
MBA Director, Department of Economics & Management
Hood College, 401 Rosemont Avenue
Frederick, MD 21701
CONTACT INFORMATION
If you have any questions or comments about the survey, please do not hesitate to contact Drs. Jose or McDermott directly. Dr. Jose can be contacted via telephone (301-696-3691) or email (ajose@hood.edu). Dr. McDermott can be contacted via email at epmcdermott@salisbury.edu.
This page was last modified on December 10, 2003.