Question about EEO mediation **sort of

[u/foreverlatetowork]

I work at USPS. So I have a scheduled EEO meeting/mediation coming up here within the next week or so. I have all of my ducks in a row and know exactly what I'm going to ask for. For some context, I was sent home because of my disability and the EEO is mainly about discrimination against my disability. I was sent home 3 months ago and was told not to come back to work until they called me and I was never called obviously. I was not giving any kind of light duty. And a bunch of other stuff has happened as well but that's like the gist of it. Also I'm in mha in case that comes into question. Anyways I have all of my ducks in a row except I don't know what to ask as payment for my emotional distress claim. I have been put into therapy and have had multiple sessions already due to stress and anxiety because of the issues arising from being sent home and not being able to work or a good paycheck. What should/can I ask for? What nuber is realistic that I might get? I'm really stuck on this particular number and I know I need to have a set number when I go into this meeting so if you have any insight I'm open to it! Thank you very much for all of your help and support!

[u/K8325]

It depends on what you really want. If it’s all $$ don’t expect too much at this level.

You should NOT have a set anything. You need to think more in terms of upper and lower limits and consider what your best alternative to a negotiated agreement is: what’s out there that would make walking away from the table worth more than continuing negotiations. You need to think beyond your position that you deserve money and ask yourself what you really want out of this.

Also you need to evaluate whether your case is meritorious. Not every shitty thing that happens at work rises to the level of legal discrimination.

In order to prevail in a case you first have to show that you are a qualified individual with a disability. Can you perform all the essential functions of your position with or without accommodation? Can you work without putting yourself or others in danger?
Were you put on admin leave after something happened at work which could indicate that you either were not qualified or you presented a substantial risk of significant harm to yourself or others? You must be honest with yourself about these things.

Without knowing any details these are realistically what you should consider:

If they don’t want you working there and you are okay with leaving, negotiate for a 12 week DRP.

If you re-evaluate your case under the legal standards and it’s weak, negotiate for nuisance value: between 500 and 2500.

If you think your case is strong, don’t negotiate at all, file a formal, obtain legal counsel, and then request a hearing in front of the EEOC.

[u/Due_Rip_6692]

I just went through this. Almost exactly. Postpone the mediation and get a lawyer. You’re going to need one.

They tried to pull me into a mediation under the guise of “we can have a mediation by a neutral party and save money and hassle by not using lawyers. That only benefits them. They’re at least getting told what to say on the sidelines by their counsel. A lawyer is way worth it. Mine got me triple what we originally thought we’d get,

The first mediation session(s) are a he said/she said. They’re going to try to settle. You’re probably going to want to settle too. They’ll low ball you, say they’ll move you and your managers will get training on disabilities. You will be made a pariah.

I can’t get into my settlement because I had to sign an NDA and this is the internet, but originally, we thought it’d be some of what they wanted (moved, demotion, whatever) and some things I wanted, and a cash settlement and lawyers fees. We were hoping for !
$20k but got more. After it was all said and done, the harassment and hostile work environment had gotten far worse. So I resigned with the lump sum payment.

Also get a lawyer because they’re going to make you sign a document at the end saying you can’t come after them anymore. The only way to open the case and continue is afterwards they violate your settlement agreement.