Discrimination can happen in virtually any type of situation. However, it is common in employment situations. Employees and job applicants can be discriminated against in numerous ways. When this happens, Blue Sky Mediation Center can assist with mediation. We have a full scope of the discrimination laws in Nevada and can help you negotiate without having to go to court.
Common Types of Workplace Discrimination
Discrimination can happen at work in four main ways. Here are some examples:
- Sex discrimination. An example of this is unequal pay between men and women who have the same job title and experience.
- Age discrimination. If you are demoted or laid off without any performance issues and your job is filled by someone much younger than you, you may have faced discrimination based on your age.
- Racial discrimination. An example would be your boss and your coworkers using a variety of racial slurs in your presence during work hours. This is especially egregious if you have reported them to a supervisor and the behavior does not change. Racial discrimination can also be if you were passed up on a promotion that you were the best fit for or if you were fired for no reason aside from your race.
- Disability discrimination. If you ask your boss for a reasonable accommodation to help you perform your job (such as allowing wheelchair access around our desk area) but your boss refuses, that may be considered disability discrimination.
How Discrimination Mediation Works
Discrimination mediation refers to a process designed to resolve disputes or conflicts arising from allegations of discrimination. The mediation process involves bringing together the parties involved in the dispute. A neutral third-party mediator is also present to help facilitate communication, negotiation, and resolution. Here’s an overview of the process:
- Identification of the issue. The mediation process begins when one or more parties involved in the dispute request mediation or when it’s suggested as a means of resolving the conflict. The issue of discrimination, whether based on race, gender, age, disability, religion, or any other protected characteristic, is identified as the primary concern.
- Selection of a mediator. A Las Vegas mediator is selected or appointed to facilitate the mediation process. Mediators are trained professionals who help the parties communicate effectively, understand each other’s perspectives, and explore potential solutions.
- Voluntary participation. Participation in mediation is usually voluntary, so all parties must agree to engage in the process. However, in some cases, participation may be mandated by law or through a contractual agreement.
- Open communication. During mediation sessions, the mediator facilitates open dialogue and communication among the parties. Each party has the opportunity to express their concerns and desired outcomes. The mediator helps ensure that communication remains constructive.
- Exploration of solutions. The parties work together, with the assistance of the mediator, to explore potential solutions to the discrimination dispute. These solutions may include changes in policies or procedures, training, apologies, or restitution.
- Agreement and resolution. If the parties are able to reach an agreement through mediation, the terms of the agreement are documented in a written agreement or settlement. The agreement typically outlines the actions that each party agrees to take to resolve the dispute and prevent discrimination in the future.
- Follow-up and implementation: After reaching an agreement, the parties may establish mechanisms for monitoring compliance with the terms of the agreement and addressing any issues that may arise during the implementation process.
What to Keep in Mind
Mediation is not a forum for deciding your dispute. The mediator will not make a decision. Instead, mediation leaves the control of the outcome to the parties.
Also, mediation is not a forum for justice. The mediator will not decide who is right and who is wrong. Instead, the mediator focuses on a financial solution with the intent of reaching a voluntary settlement between the parties.
Confidentiality is a fundamental aspect of mediation. The discussions, negotiations, and information shared during the mediation process are kept confidential to encourage open communication and promote a safe environment for exploring resolutions.
We also focus on the following practice areas in Las Vegas:
Contact Us Today
Mediation can help resolve a variety of conflicts and issues, including those pertaining to discrimination.
A Las Vegas discrimination mediation lawyer from Blue Sky Mediation Center can help you and the other party achieve a mutually agreeable resolution. We have handled thousands of mediation cases, including those involving employment discrimination. Schedule a consultation today by calling 213-376-4130, filling out the online form, or reserving a time on the booking calendar.
