All EEO participants should be made to pay for their own legal counsel. In private industry the company has lawyers representing them with all their corporate funds therefore the employee doesnt have a real chance of recourse. In federal agencies, government agency lawyers provide management with legal representation and therefore they do not have to pay or deplete their finances.
It is the little guy/gal, the employee in both instances who has to take out of their pocket, take from their paycheck, their savings, their child/childrens mouth (get the picture) to pay for legal representation.
Make it an even playiing field and have all parties either pay their own for legal representation or make the company/organization or federal agency pay (upfront) for the employee's legal counsel