Thanks for your response
Hi, thanks for your response. Below are the answers,
Beth3 said:
I think there are several questions that have to be answered first.
1. Is the EEOC actually pursuing litigation on your behalf or are they only investigating your complaint? In the great majority of situations, the EEOC issues a "right to sue" letter and does not litigate the claim themselves.
2. Has the employer's duty to preserve evidence even been established?
3. Has it been established that the employer did preserve evidence and then negligently discarded it?
1. *Answer: They are still investigating. And actually, they (EEOC) remanded the case to a local agency, who has an agreement with the EEOC to investigate cases that arise in its jusrisdiction. So, the local agency is continuing the investigation on behalf of the EEO as well as investigating charges related to local laws.
I know it's rare to have a finding in the complaintant's favor and even more rare for the EEO (or other governmental agencies, as in this case) to pursue subsequent litigation in court. However, I think it's a very high possibility they are going to find in my favor, though I would be surprised if they decided to litigate on my behalf if conciliation failed.
2. *Answer: I believe so. I previously filed an internal complaint and discussed filing an EEO charge and possible litigation a few years ago (within the 3-year time-frame). It's my understanding that companies are to preserve all records of investigations from the point at which it became evident that they could possibly be involved in litigation (for at least 3 years).
Also, some of the documents missing are requests for reasonable accomodations/doctors letters, etc.
3. *Answer: I have written receipts from company personnel that they received the documents (and my doctors have records of speaking to them as well as records of giving the letters to me - I checked with them). I also have evidence from them stating they don't know what happened to the now missing information (and pointing fingers at other people in the company who are now gone).
What do you think?
Thanks again,
tboy