Office of Human Rights – Mediation

Mediation is a 30 day response to discrimination complaints.  It is an option for early resolution.

Mediation sessions are private and confidential. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with consent of the mediator.

There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediated session. No subpoenas, summons, complaints, citations, writs, or other process may be served upon any person at or near the site of any mediation session or upon any person entering, attendi or leaving the session.

If mediation efforts are not successful within thirty (30) days of the complaint being referred to the mediator, the case will be forwarded to the TOHR supervisor for processing.

Pursuant to the Tampa Code (Human Rights Ordinance), Section 12-26, it is an unlawful employment practice to discriminate against a person who has opposed a discriminatory practice or who has made or filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under the Act.

Possible Outcomes

The parties may enter into a Settlement Agreement prior to or during the conference. If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is binding and enforceable in the same manner as any other written contract.

The mediator may declare that further efforts at mediation are no longer worthwhile. If the parties fail to resolve voluntarily the dispute, the case will be returned to the supervisor, possibly for a thorough investigation of the merits of the complaint. A finding will then be made based on an examination of the evidence.

The parties may complete the full mediation session, at which time a written declaration will be made to the effect that the mediation proceedings are terminated.

How to File a Discrimination Complaint

If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or on the job because of race, color, sex, religion, national origin, familial status, age, place of birth, marital status, or sexual orientation, you may file a charge of discrimination with the City of Tampa Office of Human Rights (TOHR).

Charges may be filed in person, by mail or telephone by contacting TOHR no later than 180 days after the incident has occurred. However, you are encouraged to come to the office and talk with a trained counselor about what happened. You do not need to bring an attorney to represent you during the administrative process.

Procedures

1. TOHR interviews the potential charging party to obtain as much relevant information as possible about the alleged discrimination. If all legal jurisdictional requirements are met, a charge is properly drafted and the investigative procedure is explained to the charging party. TOHR then notifies the employer about the charge. Each charge will be mediated (both parties must agree) or investigated. If the charge goes to mediation, it could be resolved within thirty (30) days. If mediation fails or if one party declines mediation, the charge will be investigated.

2. In investigating the charge to determine if discrimination occurred, TOHR requests specific information from the employer tailored to address the issues directly affecting the charging party as well as other potentially aggrieved persons. Any witnesses who have direct knowledge of the alleged discriminatory act will be interviewed. If the evidence shows there is no reasonable cause to believe discrimination occurred, the charging party and the employer will be notified. The charging party may request a review of a no-cause finding by the TOHR Administrator. The charging party also may exercise the right to bring private court action, or participate in an administrative hearing.

3. If the evidence shows there is reasonable cause to believe discrimination occurred, TOHR conciliates or attempts to persuade the employer to voluntarily eliminate the discrimination, following the standards of TOHR Policy on Remedies and Relief for Individual Cases of Unlawful Discrimination. Remedies may include reinstatement of the charging party to the job he/she would have had but for the discrimination, back pay restoration of lost benefits, etc.

Preparing for a Successful Conference

Complainant

It is suggested that you bring any information that you wish to present at the conference concerning the reasons) you believe discrimination occurred. (Limit your statements to the issues raised in your complaint) and what you believe is an appropriate remedy. A limited discussion of the facts of the case may be allowed.

Be prepared to state what you are requesting from the Respondent. An itemized statement of losses would be helpful. Be prepared to consider various ways to resolve the complaint.

Respondent

It is suggested that you bring any information, which would support your position. Respondent's representatives must have the authority to settle and all persons necessary to the decision to settle should be present. They should have direct knowledge of the events and circumstances cited in the complaint. A limited discussion of the facts of the case may be allowed. Come prepared to issue a check to the complainant (is mediation is successful).