Many of the EEOC`s accusations were ultimately dismissed. If this is not the case, the EEOC will investigate the employer`s causes. The employer is then invited to participate in the arbitration to settle the claims of the party to the lawsuit. For some charges, the employer has sufficient information from its investigation to assess a possible exposure and may therefore attempt to resolve the allegation. However, arbitration can become an exceptionally frustrating process if the employer does not see objective evidence to determine the case and therefore must either settle a seemingly unfounded claim or consider the risk of incurring significant costs in defending an enforcement action filed by the EEOC. This article discusses the challenges employers face in this situation. For example, in EEOC v. Bloomberg, 967 F. Supp.2d 802 (S.D.N.Y.