A thorough submission may also help the EEOC persuade a charging party to abandon a charge that has no merit. HR professionals should recognize that in many EEOC filings, the charging party is simply looking for a detailed explanation for what happened and is satisfied once that explanation is received. Even if you believe a charge is without merit, the EEOC may ask your organization to participate in its ADR program. That is especially likely if the EEOC believes the charge could have merit if fully investigated, but probably would not meet the litigation-worthy standard. When the company strongly believes a charge lacks merit, whether to settle or use ADR is an organizational judgment call.
Many employers decide to settle, just to get the matter over with.
But organizations need to consider how that approach could affect both organizational objectives and other staff. In many instances, the EEOC's ADR program is an ideal option for employers to consider. However, in its ADR policy announcement, the EEOC said the program may not be available in certain situations. The EEOC may ask your company to consider ADR or a settlement even in low priority filings. Whether to opt for those proposed resolution routes is once again a judgment call.