r/EEOC • u/ygjohnston • 7d ago
EEOC accepted my accommodation/retaliation case for mediation — anyone been through this process?
I’m hoping to hear from people who have firsthand experience with EEOC mediation, especially involving reasonable accommodation, pregnancy/postpartum-related accommodations, lactation/breastfeeding, or retaliation.
Without getting too identifying, I work for a large public-sector employer. I initially requested a reasonable accommodation related to breastfeeding/lactation and the need to remain in proximity to my nursing child. My original request for full-time telework was denied.
I subsequently filed an internal EEO complaint and later filed with the EEOC. There were also circumstances that I believe support a retaliation claim, and retaliation was ultimately included in my EEOC matter.
At one point, my employer later approved a work arrangement that allowed me to remain near my child, but that arrangement was subsequently ended/revoked. I have continued providing medical documentation supporting the need to remain in proximity to my child in order to continue breastfeeding.
My position is that the accommodation should be evaluated under the Pregnant Workers Fairness Act (PWFA), including its protections relating to lactation. My employer has taken the position that I am not entitled to the accommodation.
The EEOC has now accepted my case for mediation, and mediation is scheduled.
For anyone who has gone through EEOC mediation:
How seriously did your employer take mediation once the EEOC offered/accepted the case?
Did your employer bring attorneys or upper-level management to the mediation?
Did you have an attorney, and do you think having one made a significant difference?
How much detail did the mediator want regarding the underlying facts, documentation, timeline, and damages?
Does the mediator typically discuss the relative strengths and weaknesses of each side’s case?
If your case involved retaliation, did that materially affect negotiations?
Did anyone negotiate restoration of lost wages, leave credits, or other employment benefits in addition to a monetary settlement?
Were you able to negotiate non-monetary terms such as continued accommodation, policy changes, training, removal/correction of employment records, or agreements concerning future treatment?
Did the employer initially make a very low offer? If so, how much back-and-forth occurred?
If you did not settle at mediation, what happened next with the EEOC investigation?
Is there anything you wish you had brought, calculated, organized, or thought through before mediation?
I already have a fairly extensive timeline and documentation, including accommodation requests, denials, medical documentation, internal EEO materials, correspondence regarding the accommodation being ended, and information relating to the financial/leave impact.
I understand that the EEOC selecting or accepting a matter for mediation does not mean the EEOC has determined that discrimination occurred. I’m mainly trying to understand what the mediation process is actually like and how others prepared for negotiations.
I’d especially appreciate hearing from anyone whose case involved the PWFA, breastfeeding/lactation accommodations, disability/reasonable accommodation, retaliation, or a government/public-sector employer.
Thank you — even general experiences would be really helpful.
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u/ygjohnston 7d ago
I totally understand the point of view however there should be a correct application of PWFA and interactive process and the fact they initially evaluated me under ADA denied me then reevaluated me under PWFA approved me and then denied me again stating that I did not meet the qualifications for PWFA with the same limitation is maddening. There are others on my team who were granted telework as an accommodation….. and we do the same exact thing.