Legal Question in Employment Law in Florida
EEOC Decision and Arbitration
The EEOC ruled in my favor against Kinko's Copy Center. They were found guilty of age discrimination and retaliation.
They rewfused to settle with the mediator from the EEOC. I received a Right to Sue from the EEOC. I have retained an attorney and we agreed to go to arbitration instead of a jury trial. After delays wew are finally going to a hearing on the 2nd of june. Now the attorney for Kinko's wants to toss out the decision of the EEOC and have the arbitrator decide if Kinko's broke any laws by discriminating against me and retaliating after I complained to their corporate offices about their treatment.
I feel as though I'm back at square one where I was three years ago. Is it legal for them to ignore thedecision of the EEOC?
1 Answer from Attorneys
Re: EEOC Decision and Arbitration
Number one, why are you not consulting your attorney about this issue. The fact that you are seeking outside information would indicate to me that you either don't have confidence in your attorney or can't reach him/her--either of which is a very big problem.
Second, the EEOC's determination is simply a finding of the Agency and is not the ruling of either a court or an Arbitrator. If it were, you wouldn't have to go to either Court or Arbitration. Accordingly, the law applicable to your case most likekly provides that the Arbitrator has the discretion to either admit the EEOC's determination into evidence or to exclude that determination if it would be overly prejudicial. My guess is that you don't have a full grasp on the the precise issue before the Arbitrator, and again, you should be discussing these issues with your attorney. If you'd like further advice and/or are considering hiring different legal counsel, please feel free to contact me at (305) 810-2887.
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