Employment disputes arise when the relationship between an employer and an employee reaches a stalemate. Instead of a professional and respectful environment, the workplace becomes toxic. The employment dispute arises when misunderstandings occur and either the employer or employee violates the terms of the work agreement or engages in abusive or discriminatory behavior.
The workplace is a dynamic environment. It combines both formal and informal relationships between employees and the employer. Without effective management, things can often go wrong. Employment disputes result from various workplace misunderstandings, violations and abuses. Below are some of the most common areas of dispute:
Workplace discrimination occurs when an employer treats workers differently because of their race, sex, color, age, national origin, ancestry, marital status, sexual orientation, pregnancy, gender identity, religion, disability, union activity and other protected activities and categories.
Many State, Federal and Local statutes, rules and regulations affect the workplace and protect employees and job applicants against discrimination by employers and other organizations in recruiting, membership, hiring, or terminating work and other relationships. These State, Federal and Local laws prohibit discrimination and retaliation based upon race, sex, color, age, national origin, ancestry, marital status, sexual orientation, pregnancy, gender identity, religion, disability, union activity and other protected activities and categories.
Earl is a distinguished employment and discrimination mediator with years of experience.
Harassment means creating an intimidating and hostile environment in the workplace because of the victim’s sex, race, or gender identity. Sexual harassment is the most extreme form of workplace abuse. It consists of unwanted sexual advances, unwelcomed touching, or inappropriate comments. In most cases, sexual harassment occurs when an employer promises career advancement or promotion in return for a sexual favor from an employee.
Litigation is generally something both employers and employees wish to avoid. Resolving employment and discrimination disputes in court through contentious litigation can be extremely challenging, expensive, lengthy, time-consuming, inefficient, emotionally draining, stressful and unpredictable. The parties do not control their own destiny as the outcome of the case and ultimate future of the parties is determined by a judge and jury which is unfamiliar with and not effected by the verdict rendered. Both the employer and employee are likely to incur exceptionally high litigation costs which are attributable to expensive attorney’s fees, highly technical motions practice, lengthy depositions, the requirement to produce voluminous computer related records and paper documents, costly expert reports and testimony, court costs and the costs associated with a potential appeal.
Litigation is by design an inherently adversarial process, which cannot bring genuine reconciliation between an employee and employer, especially in harassment and discrimination disputes. It is not designed to help preserve future business or personal relationships.
Mediation give the parties the opportunity to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that would never be possible in a lawsuit. Unlike litigation, mediation is a voluntary and collaborative process. It is an efficient, quicker, less expensive and more cost-effective method for dealing with employment disputes. As an alternative dispute resolution procedure, it offers multiple advantages over the lengthy, formal, stressful, expensive and inherently adversarial “win/lose” litigation process.
Mediation is voluntary. The mediator has no authority to make a binding decision unless both parties agree to give the mediator that power. The mediator is a former judge, attorney, or neutral professional with experience in workplace discrimination and labor laws.
One of the key features of employment mediation is confidentiality. It allows the victims of sexual harassment and other workplace abuses to freely open up about the dispute privately in front of a neutral third party without fear that sensitive or potentially embarrassing information will become public.
Participants often feel much better after having an opportunity to “get things off their chests” and also benefit from hearing the other party’s point of view. The neutral and more relaxed atmosphere of mediation may eliminate the desire to continue hostile litigation once both parties have seen all of the issues in a fair light and aired their grievances confidentially to a third party.
Because mediation is voluntary and confidential, the process is also flexible and can be adjusted to meet the wishes of the parties and unique needs of each case. During the introduction, the mediator presents their credentials and sets the procedural rules. Parties can then present uninterrupted opening statements as well as any facts, suggestions or opinions. In private sessions (caucuses), the mediator goes back and forth between rooms to talk with each party privately and to exchange offers, facts, opinions and creative settlement suggestions. In a joint session, parties meet at a negotiating table or in virtual room to exchange positions, offers and counteroffers openly.
The mediator must remain neutral and does not represent either party or give legal advice but may propose voluntarily creative alternative solutions that may be acceptable to both parties. In sexual harassment cases, the mediator attempts to reconcile the parties by educating them about acceptable workplace behavior and alternative viewpoints.
Unlike litigation, the parties are in control of the negotiations, the outcome and their own destiny. Upon completion of successful negotiations, the parties voluntarily resolve the dispute by drafting and signing a legally binding and enforceable settlement agreement.
As an approved Maryland Circuit Court Mediator, Earl J. Acquaviva Jr. has served clients in Baltimore City, Baltimore County, Anne Arundel County, Cecil County, Howard County, and Montgomery County since 2012. Earl became licensed to practice law in 1983. During his legal career at Bally Total Fitness Corporation, he served as the Company’s Chief Equal Opportunity Officer, Civil Rights Director, Chief Litigation Counsel, Human Resources Officer, Senior Vice President, General Counsel and Secretary. In 1990, Earl developed and administered the Bally Employment Dispute Resolution Procedure. This ADR program was successfully implemented on a nationwide basis, covered over 20,000 employees working in over 400 locations in 29 states and resulted in the settlement of virtually all disputes mediated.
Earl has successfully mediated negotiated and resolved hundreds of employment disputes during his legal career and as a mediator. Earl is
well-versed in labor laws and anti-discrimination policies and with nearly four decades of employment and discrimination law mediation experience, Earl can help you negotiate your workplace dispute and achieve mutually beneficial outcomes on an efficient and cost effective basis.