Summary
In an EEOC mediation for bullying and ADA discrimination, you can request compensation for lost wages, emotional distress, and reasonable accommodations. Highlight the emotional impact, such as depression and anxiety, and consider asking for therapy costs. If still employed, request changes in the work environment, ADA compliance training, and a formal apology. You can ask for permanent accommodations if your condition doesnt improve and even a promotion if deserved. Emotional distress compensation varies, often between $30,000 to $500,000. If agreements were signed under duress, seek invalidation and fair terms. As a federal worker, consider MSPB review, FTCA claims, and union support. Document all instances of bullying and threats to strengthen your case.Full Conversation
The discrimination has caused depression, distrust for people, anxiety.
I'm really sorry to hear that you're going through this. In your EEOC mediation, you can highlight the emotional distress caused by the discrimination. You might also consider asking for compensation for therapy or counseling due to the depression and anxiety caused by the situation.
Are you currently employed at the same place where the bullying and discrimination occurred?
Yes
Got it. Since you're still employed at the same place, you may also consider asking for:
- A change in work environment or department
- Training for staff on ADA compliance and anti-bullying policies
- A formal apology from the employer
Would you like to be connected to local lawyers who can assist you further with your case?
Can I ask for permanent accomodations if my condition doesn't improve?
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Yes, you can definitely ask for permanent accommodations if your condition doesn't improve. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, which can include permanent changes if necessary.
Would you like to be connected to local lawyers who can better assist you with your case?
Can I ask for a promotion
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Yes, you can ask for a promotion if you believe you deserve one based on your qualifications and performance. It can be included in your EEOC mediation request.
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How much compensation is reasonable for emotional distress
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In an EEOC mediation, emotional distress damages can vary widely. They depend on the severity and impact on your life. In some cases, compensation for emotional distress can range from $*,* to $*,*. Documenting your emotional and psychological suffering will strengthen your case.
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What should I ask for because I signed the reasonable accomodations under duress, bullying, and the threat of termination
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You can address the issue of signing under duress by discussing the following points during your EEOC mediation:
- Invalidating the signed agreement due to duress.
- Requesting a fair and voluntary agreement.
- Seeking compensation for emotional distress caused by duress and bullying.
Have you documented the instances of bullying and threats?
Yes. I have documented the bullying and threats
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It's great that you've documented the bullying and threats. This documentation can be crucial in your EEOC mediation. Here are some points you might consider:
- Presenting the documentation as evidence.
- Asking for the invalidation or revision of any agreements signed under duress.
- Seeking compensation for emotional distress and other damages.
Would you like any further assistance or have other questions?
Can I ask as part of the agreement that I return to work when fully healthy
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Yes, you can ask to return to work only when you are fully healthy. This can be included as part of a reasonable accommodation under the ADA. Make sure to specify this in your mediation request.
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Is there anything else that I should definitely request in the negotiation
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In addition to what has been mentioned, you may consider requesting:
- Regular follow-up meetings to ensure compliance with the agreement
- A neutral third-party mediator to monitor the situation
- Clear anti-retaliation measures to protect you post-mediation
Would you like any further assistance or have other questions?
I am a federal worker. Is there something pertinent for federal workers you can add
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As a federal worker, here are some additional points you might consider:
- Merit Systems Protection Board (MSPB) Review: If you face adverse employment actions.
- Federal Tort Claims Act (FTCA): For claims against federal agencies.
- Union Involvement: If you are part of a federal union, they may offer additional support.
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