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PRESS RELEASE
4-11-19

MOA Signing

EEOC Acting Chair Victoria A. Lipnic and FMCS Director Nominee Richard Giacolone sign Memorandum of Agreement pledging to work together to resolve federal workplace disputes.

EEOC and Federal Mediation and Conciliation Service Sign Memorandum of Agreement

Shares Commitment To Actively Resolve Federal Workplace Disputes

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Mediation and Conciliation Service (FMCS) have officially committed to work together to resolve federal workplace disputes by utilizing Alternative Dispute Resolution (ADR) as a means of efficiently reducing the backlog of federal sector charges, the EEOC and FMCS announced today. In a ceremony at the EEOC, the EEOC Acting Chair Victoria A. Lipnic and FMCS Director Nominee Richard Giacolone signed a national memorandum of agreement, creating a voluntary working relationship between the two agencies. Under its terms, FMCS will work with the EEOC to identify parties involved in federal sector complaints and provide the opportunity to resolve pending conflicts prior to a decision by an Administrative Judge (AJ).

The agreement establishes a voluntary contractual working relationship where the EEOC will identify federal sector cases in its inventory suitable for mediation by FMCS.  The parties to these cases will then work with the EEOC staff to get their cases before a FMCS mediator who will provide mediation services to the parties. The EEOC retains responsibility for the closure or continued processing of all cases. FMCS has tremendous talent and experience assisting parties in the resolution of disputes.  Moreover, FMCS mediators are located across the country, which allow them the flexibility to conduct mediations wherever there is a need.

Created in 1947, FMCS is a government agency that helps build better relationships through joint problem-solving and constructive responses to inevitable conflict. In turn, this improves the ability of organizations to create value for customers, shareholders and employees alike and substantially benefits the national economy. FMCS concentrates its efforts on assisting employers and employees in coping with the demands of a rapidly changing workplace.

"Charges of discrimination in our federal workplaces are no less important than the private sector" said EEOC Acting Chair Lipnic. "During the past two years we increased hiring for AJ's and implemented strategies to increase efficiency in the hearings program. This resulted in a 30 percent increase in resolutions and for the first time, a decrease in the pending inventory of hearings. However, we still need to do more. Achieving and maintaining a balanced and manageable inventory is crucial to providing quality customer service to our primary stakeholder: the American workforce. This agreement with FMCS allows us to do just that."

Richard Giacolone said, "It is our pleasure to partner with the EEOC and provide our federal mediators to assist in resolving federal workplace disputes before the involvement of an AJ.  Any time opposing parties can come together to make a mutually-agreeable decision is a positive development.  With our expert mediators at the ready, we are happy to assist the EEOC in providing the most efficient and effective service to workers across the federal sector."

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

The U.S. Federal Mediation & Conciliation Service (FMCS) is the nation's premier public agency for dispute resolution and conflict management. FMCS was created by Congress as a neutral and independent government agency upon enactment of the Labor-Management Relations Act of 1947 (Taft-Hartley Act) and mandated to resolve industrial conflict and promote labor-management peace and cooperation, minimizing the impact of these disputes on the free flow of commerce. With headquarters in Washington, D.C. and offices across the country, the agency has a proud track record of decades of effective dispute resolution and conflict management services for employers and unions across industries and work activities in the private, public, and federal sectors. FMCS is also recognized for its success facilitating negotiated rulemaking processes and for its robust employment mediation program in the federal sector as well as its global program, partnering with more than 60 countries to provide international consulting and training. For more on FMCS or to request services, visit www.fmcs.gov.