EEOC Hearing - what to expect?

[Erin Murray]

I am taking my first EEOC Hearing next week and am wondering what to expect. I have been reporting for about a year and a half and do only depos. What am I getting myself into!?!?!?! =)

[Jennie Ann]

Wow! I can't believe nobody has responded yet. I saw your thread yesterday.

I have transcribed a lot of EEOC and labor-type disputes. Here is my take on what to expect. It is very similar to an arbitration or a trial format. There is a ruling body (the hearing officer) and there are two parties at odds with each other, just like a court trial. The employer usually is represented by counsel on retainer but not always. The employee sometimes has counsel, but they also may be pro se (representing themselves).

Anyway, there are witnesses called giving testimony. Usually, it's the employer and the employee, but each side may call witnesses to prove their case. So there may be swearing of witnesses by the hearing office and/or clerk. You may have direct, cross, redirect, recross, further redirect, further recross, rebuttal, surrebuttal examinations. There could also be exhibits that need to be marked for identification. Sometimes the exhibits are marked for identification before the hearing, but sometimes they are not. If you have a hearing that is a one-day job, you may get oral argument at the beginning and at the end, e.g., opening and closing statements. If this is a multi-day hearing, you may only have one day of witnesses or one day of oral argument with no exhibits.

It's been a while since I've done a labor dispute -- NLRB (National Labor Relations Board) trial, workers' comp case, or an EEOC hearing -- but I tried to share what I can remember. I hope it helps get you in the right mind-set for what to expect. :-)

[Erin Murray]

Jennie, thank you so much for the response! I always feel a lot better going into a new situation when I have some sort of an idea of what to expect. Being the trial format and having a clerk who swears witnesses in, do they also handle the exhibits as in court?

[Steve Anthony Alva]

Response answered above.

[Janiece Young]

Erin,
I have covered quite a few hearings. I always ask the arbitrator if he wants me to swear the witness in or if he would like to administer the oath. I ask that question before we go on the record. The difference in hearings from depositions is you have quite a bit of colloquy. I always put the part where the arbitrator asks questions of the witness in colloquy.
Your index will be different b/c you will have more than one witness in your transcript.
If your firm can give you a copy of a previous transcript that will help you a lot so you know what to do.
Make sure you sit where you can hear what's going on.
They are not that much harder than depositions.
Good luck,
Janiece