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Does gender discrimination law apply in Texas? EEOC lost Intake Questionnaire

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soonergirl99

Junior Member
State - Texas

I was terminated a year ago today (February 26, 2008), a day after my employer hired a man for my position (the office then had 51 men and 12 women). I worked in outside sales with 2 people in the department ~ a man and me. It was a two man (literally) department after I was terminated.

Two days prior to being terminated I had returned to the office after spending several days in the Chicago office for additional training on another product line.

I was never reprimanded or had any problems with my employer or my job performance. I received a positive performance review at the end of December, 2007. I had already been presented with and signed a new pay/commission/bonus contract that would begin March 1, 2008. Because of the economy everyone in the office was a little on edge and I had been told by the director of the office a few weeks before I was terminated that my job was not in jeopardy.

On March 5, 2008 (2 weeks after termination) I filed an Intake Questionnaire with the Dallas EEOC office. I hand delivered the Questionnaire and received a date stamped copy for my file. I was not told by the person at the EEOC that any other action was required by me.

Approximately a month ago I sent a letter to the EEOC informing them of my change of address (along with the front page of my Questionnaire so they could match the change of address to my file).

Today I received a call from the EEOC asking why I had sent in the first page of a Questionnaire and what are they supposed to do with it. I explained the situation (hand delivered original to their office almost a year ago, etc). I was told that the Questionnaire wasn't enough and that a complaint had not been filed against my former employer. I was also told that I could still file a claim (even though time has expired due to their losing my Questionnaire) and again that the Questionnaire didn't constitute a claim. I was then told that if I do decide to file a claim that the claim will be immediately dismissed by the EEOC because my former employer didn't violate the law.

According to EEOC rules, "An intake questionnaire or other correspondence can constitute a charge under the statutes we enforce if it contains all the information required by EEOC regulations governing the contents of a charge and constitutes a clear request for the agency to act." My Intake Questionnaire was very detailed and contained all of the information required by the EEOC.

Does employment gender discrimination apply in Texas? Do I have a claim? Is the EEOC attempting to cover for themselves (when they state if I file a claim it will be immediately dismissed) because they lost my Intake Questionnaire?

Any help/advice will be GREATLY appreciated!
 


Zigner

Senior Member, Non-Attorney
Your post doesn't mention anything that would lead one to believe that any discrimination has occurred, much less any illegal discrimination.
 

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