The Employer claimed its mistake, not racial discrimination

The employer denied of racial discrimination and the employer claimed that was the mistake on its part; however, the employer agreed to pay very very very small amount of money to the charging party, but the charging party refused to accept that amount was offerred by the employer.
My question is if both parties go to court, can the employer claim its mistake at the court and get excused from racial discrimination charge and not have to pay fair damages to the charging party?
Do I have a strong case in this situation if the employer denied of racial discrimination and claimed the issue as its mistake?
Thank you for your time.

1 answer  |  asked Nov 30, 2005 9:21 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
get a lawyer

since you have used the term "charging party", it is clear that you already have filed a claim of discrimination with either the EEOC or the DFEH. the employer has offered to compromise your claim in agency proceedings. this is a negotiation in furtherance of a settlement, and any negotiations to further settlement are not admissible evidence of admission or denial of liability, either by them or by you.
what is more important is that you need to get an attorney right away, before you do anything else in the agency proceedings. your rights can be compromised if certain things happen there. you can find many attorneys who are specialists in employment litigation in your area. go to the cal employment lawyers assn's website, www.celaweb. org, for a list of attorneys in your area.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Dec 1, 2005 10:30 AM [EST]

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