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offer court-connected arbitration programs for mandatory and
voluntary arbitration hearings.^178 As workplace disputes are often
resolved through arbitration or mediation, ADR programs may
present a viable forum for addressing workplace-bullying claims.
B. The EEOC Mediation ProgramSince the EEOC mediation program exemplifies a
government-instituted, out-of-court process that is consistent
with an enacting legislature’s intent to maximize ADR methods,
it can provide guidance to drafters and sponsors of the Healthy
Workplace Bill on how to implement a similar state-level
scheme for workplace-bullying claims.^179 Under Title VII of the
Civil Rights Act of 1964, the EEOC is obligated to investigate
every charge of employment discrimination and litigate in
federal court to enforce the statute.^180 For example, from 1997 to
2012, sexual harassment claims made up approximately thirty
percent of all charges filed with the EEOC.^181 After the agency
determines that there is reasonable cause to believe that the
charge is true, it may file suit in federal court on behalf of the
public interest.^182 However, the EEOC files less than two percent
Centers, supra note 176.
(^178) For example, Oregon state law requires civil actions involving claims
for damages of less than $50,000 to go to arbitration. See What Is
Arbitration?, OR. COURTS, http://courts.oregon.gov/OJD/programs/adr/
pages/whatisarbitration.aspx (last visited Apr. 6, 2013). Arizona Superior
Courts have a mandatory, nonbinding arbitration program as a component of
its civil court system for disputes valued under $50,000. See What Is
Arbitration?, JUDICIAL BRANCH OF ARIZ., MARICOPA CNTY.,
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/Arbit
ration/ (last visited Apr. 6, 2013).
(^179) See Mediation, U.S. EQUAL EMP’T OPPORTUNITY COMM’N,
http://www.eeoc.gov/eeoc/mediation/ (last visited Apr. 6, 2013).
(^180) 42 U.S.C. § 2000e-6(e) (2011); see also Yamada, Status-Blind Hostile
Work Environment, supra note 27, at 529.
(^181) See Charge Statistics FY 1997 Through FY 2012, U.S. EQUAL EMP’T
OPPORTUNITY COMM’N, http://www.eeoc.gov/eeoc/statistics/enforcement/
charges.cfm (last visited Apr. 6, 2013).
(^182) See The Charge Handling Process, U.S. EQUAL EMP’T OPPORTUNITY
COMM’N, http://www.eeoc.gov/employers/process.cfm (last visited Apr. 6,