Mediation is used in a number of different contexts, including employment law and other matters in which civil rights may be implicated. When the participants are willing to confront the issues together, they can often reach an agreeable resolution of the claim. Some of the claims that may be successfully mediated include:

Disability Accommodations

Employers and public accommodations that do not provide reasonable accommodations to individuals with disabilities may face civil rights violations. Mediation can help educate employers about possible ways that they may be able to adjust in order to keep a skilled employee at the company. Possible solutions may include changing the employee’s shift, adjusting job duties, providing appropriate tools or making other changes in the workplace. A compromise that parties may make in mediation is for the employer to provide training for managers on reasonable accommodation and leave policies.

Discrimination

Discrimination on the basis of sex, color, national origin, religion or race is prohibited by federal law. States may provide greater protections based on other protected characteristics. If a person is refused employment or accommodation due to protected factors, they may have a cognizable claim. Such liability can arise when an employer fails to hire, fails to train or fails to promote an employee because of these reasons. Likewise, if he or she terminates an employee for these reasons, the employee may have a civil rights claim.

Harassment

The employer generally has the responsibility to keep the workplace harassment-free. If the harassment is based on protected characteristics, the employer may be sued for creating a hostile work environment. Mediation may be able to help address problems associated with harassment. If the employee was forced to quit, part of the settlement may be to provide the employee with a job recommendation.

Retaliation

Even if an employer’s conduct was not discriminatory in nature, if it takes adverse action against an employer because he or she filed a complaint, the employer may be at the receiving end of a discrimination claim.