EEOC hearing

What is the name of your state? California

The employer is a federal and in California.
The EEOC hearing will be scheduled after the discovery.
From the Report of Investigation produced by an EEO investigator, I found the testimony of the manager official -1 is a duplicate
of the testimony of the manager official -2, which are the evident that they have engaged in collusion. I would like to know how to report it and whom I should report to?
What is the name of the law they violated?
I have no attorney at this time.
Thanks.

You should raise it to the Administrative Judge who is handling your complaint. You need to be able to explain to the Administrative Judge why you think there is collusion.

However, that two managers' testimony is similar does not necessarily suggest collusion. There is no prohibition from involved managers discussing the particulars of a complaint in which both are involved. Further, the incidents leading to your allegation may have involved both. For example, you allege you were denied a promotion because of your sex. Manager 1 reviewed the applications, conducted the interviews, and made a recommendation to Manager 2. Manager 2 accepts Manager 1's recommendation and doesn't select you. Obviously, the testimony on the reasons for your non-selection for the promotion would be almost identical.

You need to examine the testimony to see if there is anything untrue that could be challenged, or is the testimony true as far as you can tell?

EEOC hearing -2

Thank you so much.
The answers of manager 1 to each of the 10 questions
Are the exact duplicates of the answers of the manager 2
To each of the 10 questions. For example, the question was labeled with the same number but asked for different subject; they both gave the same answer in exact same sentence and words, which was showing that one of them did not answer to what was asked.
There are many thing in their testimony are untrue.
May I ask the Administrative Judge to exam the testimony?

The Administrative Judge (AJ) will review the investigative file for your complaint and will come to his/her own conclusions about the probative value, the credibility, reliability and integrity of the evidence, including testimony. But, you need to understand that the AJ doesn't represent you and it's really your responsibility to argue your own case. You have to prove by acceptable evidence that your employer discriminated against you as alleged. Most agencies are represented at hearing by experienced counsel who understand the process, the procedures and what they must do to defend the agency against your allegation. Also, proving collusion doesn't result in a finding of illegal discrimination. You have to prove that whatever employer action you are challenging was motivated by a prohibited factor.

You should read EEOC's regulations on the hearing at http://a257.g.akamaitech.net/7/257/2422/08aug20031600/edocket.access.gpo.gov/cfr_2003/julqtr/29cfr1614.109.htm
plus EEOC's FAQs on hearings at http://www.eeoc.gov/federal/faq_fshp.html.

The burden of proving discrimination is always on the complainant. For most discrimination cases, you have to establish a prima facie case. If you can, your employer must articulate a legitimate non-discriminatory reason for its action. Then, it is your burden to show that the reason is a pretext for illegal discrimination.

EEOC's Management Directive 110 has a section on the elements of a prima facie case for most typical types of discrimination allegations. Unfortunately, I couldn't easily locate the directive, called MD 110 on EEOC's website, www.eeoc.gov. Maybe you can. However, you need to become familar with all that if you want to have a chance of prevailing.

I found the weblink. It's http://www.eeoc.gov/federal/md110/appendixl.html.

EEOC hearing!

Thank you for the weblink.

mitousmom said:

I found the weblink. It's http://www.eeoc.gov/federal/md110/appendixl.html.

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Thank you so much. It is really helpful.
I have tried to find a lawyer but it is not easy, especially, I am now out of California.

Dandy Don said:

You need to examine the testimony to see if there is anything untrue that could be challenged, or is the testimony true as far as you can tell?

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I found the testimony is not only a duplication from one to another but also untrue.
What action should I take?

You need to establish that what you think is untrue is relevant to the question of whether your race, sex, religion, age, etc. was a factor in the treatment you allege is discriminatory; then must prove that it is in fact untrue; and that the true information supports your claim of discrimination.

Please note the Supreme Court's ruling in a landmark EEO case:

The plaintiff must still prove that the employer intentionally discriminated against him because of his race or whatever basis is alleged.

As a practical matter, showing that employer lied could affect the AJ's determination of the employer's credibility.

Thank you so much.
I am thinking about to sue the managers for deformation.

I doubt that you will be successful. Whatever the managers wrote that you think is not true is part of an internal agency file and is not public information. Further, you are going to have to establish that it isn't true.

learnthelaw said:

Thank you so much.
I am thinking about to sue the managers for deformation.

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Managers with deformation are protected under the ADA. Good luck with that

BelizeBreeze said:

Managers with deformation are protected under the ADA. Good luck with that

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ROTFLMAO, Belize!!!!!!!!

BelizeBreeze said:

Managers with deformation are protected under the ADA. Good luck with that

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Not necessarily. The deformity must significantly limit a major life's activity.

Is it really necessary to ridicule posters for what you think are their shortcomings?