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The EEOC has long encouraged the resolution of complaints through a variety of settlement mechanisms. Agencies should consider using an offer of resolution when a complaint involves a matter that should be settled, a full offer can be made, and the agency wishes to limit attorney's fees.
An agency may informally settle an EEO complaint by providing a lump sum payment as a retroactive personnel action in lieu of back pay. As long as the settlement does not exceed the relief to which the complainant would be entitled if a finding of discrimination had been made, it is authorized.
What Should Be Included in a Settlement Agreement? Identifying information for all involved parties. A description of the issue you're seeking to settle. An offer of resolutions that both parties agree to. Proof of valid consideration from both parties without coercion or duress. Legal purpose.
Workplace discrimination disputes require intense and comprehensive negotiations. Detailed evidence needs to be presented persuasively to achieve justice. Witnesses may be involved. Both monetary and non-monetary aspects are considered when relevant in a settlement agreement.
Discrimination and retaliation settlements can range from the millions to just a few thousand, or even less. There is no magic formula to figure out what your case is worth. And while every case is different, some factors come up in most cases. The amount of the employee's economic loss is always important to consider.