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EEOC didn't investigate at all

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civilly

Junior Member
What is the name of your state? California

We just got a dismissal and notice of right to sue in federal court from the EEOC. This was just a couple of weeks after someone from the agency called and said that they are basing their judgement on the info my husband had submitted. He asked if they had called any of the witnesses he submitted that would prove his case and they said they didn't need to.

I looked at the EEOC website and it had info on appealing if you work for a federal agency. What can you do if you're not a federal employee?

Also, what chances do we have now to get a lawyer to take it on based on "the EEOC is unable to conclude the informtion obtained establishes violations of the statutes"? That was the only box they checked.
 


las365

Senior Member
Your husband's chance to get a lawyer to take his case depends solely on the facts of what happened at his job, what his claims may be, and whether it is likely he can prove them in a civil case. He better get cracking trying to find one, because now he has a very short statute of limitations to file a lawsuit. If he doesn't file suit within the time frame given in the Right to Sue letter, his claims ara barred.

As far as I know, the EEOC determination is not appealable. Spending his time on that is not going to do your husband any good.

If you care to post the facts (his version, anyway) of what happened and what his complaint was, you can get some good, unbiased feedback here on whether it sounds as if he has a valid claim.
 

mitousmom

Member
You can ask the Office Director for a reconsideration of its decision. However, EEOC rarely changes its initial decision and, unless it agrees to do so, will not suspend the 90 court filing period. Your husband's true appeal is to file suit in federal district court.

EEOC doesn't conduct a full investigation, contacting witnesses, etc., if the information the individual presents doesn't suggest that an investigation will produce evidence likely to support a violation.

It's been my experience that EEOC's terminating its processing of a charge without an investigation and with a "no violation" decision makes it harder to obtain legal representation.
 

las365

Senior Member
EEOC doesn't conduct a full investigation, contacting witnesses, etc., if the information the individual presents doesn't suggest that an investigation will produce evidence likely to support a violation.

It's been my experience that EEOC's terminating its processing of a charge without an investigation and with a "no violation" decision makes it harder to obtain legal representation.
Anecdotally, we have found at our firm that a "no evidence" finding from the EEOC is not necessarily a good indicator of whether the claimant has a valid case. For example, we have a client who had complained of sexual harassment numerous times and whose manager was prevented from firing the offenders by upper management. Our client was subsequently physically sexually assaulted (grabbed, groped, threatened with rape) at work by one of the offenders and afterward was told that she should quit because there was nothing the employer could do to stop it. The EEOC investigator wouldn't issue a positive finding because he said there wasn't evidence that the incident was not consensual.

On the other hand, I am sure that the EEOC receives many unfounded complaints. It's my impression that the EEOC investigators have huge caseloads.

I agree that it is much harder to obtain representation after a rght to sue letter is issued, but it may not be only because a "no evidence" finding indicates possible lack of a valid claim; it is also because lawyers like to have time to investigate and work up a case before making the decision whether it is viable to file suit. We get lots of calls from people who have right-to-sue SOLs that are running within a week or two. It's a huge commitment to agree to litigate someone's case and most lawyers are reluctant to make it under rushed circumstances.
 

civilly

Junior Member
Okay, I'll try:

Husband's direct supervisor had did something against him (that involved breaking a state law and something that husband was asking for during the past four years so he can properly do his job) and he went up the chain of command a couple of levels (the position above the boss was empty at the time). That manager said he would take it seriously but apparently didn't do anything either (even though it would have taken minutes to at least straighten out the problem). So when it was apparent a couple of weeks later that it wasn't resolved, husband sent another email to the manager, who apparently called the boss and told him to take care of it.

Husband gets an email in which boss claims everything was fixed and you shouldn't have gone up the chain of command -- intimidation and all that. The manager shrugged off the email as the boss "was wounded.":eek: Then it looked like the boss was about to make a big deal about it in front of the co-workers. I was concerned about husband and told him that he needed to get out of there. He went to a doctor who confirmed he was showing signs of extreme stress. The ball got rolling for a workers comp case, he was out for about two months.

He returns to work and realizes that everyone knows that he went out on stress. There's even some comments made. After a couple of weeks, he finally gets the thing he needed that his boss was playing keepaway and lying about all those years. He decided to check it out and discovered that the device (it's a security access card to a municipality emergency area for which there's strict codes and laws concerning) was in someone else's name. The card that was in his name wasn't turned off (and apparently being used by someone else all that time, which is a violation of law).

He also was kept out of the loop about a job opportuntiy there (violation of policy for this place) that could mean getting a promotion in the future. He was the most likely person to be considered and even the guys working for him didn't believe it when later on someone else walked in and said he was transferred there, that he was never told.

At some point, he finally found out about the EEOC, had his intake. The intake person was appalled at what happened and said yes that was discrimination.

At some point, he was asked if he wanted mediation. He decided yes, maybe his employer would have to do something for him. That was a waste of time even after he read this narrative about what actually happened, and the lawyer who was mediating it said he was appalled.

His case was assigned to an investigator. His first phone call to her was cordial and when he said he would send more info, she said that's great.

In July, he was deposed by a lawyer for his employer about the WC case and at the end, the lawyer was shaking his head.

The next month, husband called the investigator who wasn't cordial this time. She was grumbling that he wasn't disabled...you practically have to be deaf, blind and missing all your limbs to be disabled, etc. He brought up that the shrink hired by the employer to disavow the WC case came up with a ridiculous diagnosis saying he was suffering from stress and other stuff but it was not industrial based (which of course any reasonable person would disagree about). He then asked about the releasing of his medical info and she said that's different.

So a few months ago we decided to start mailing out letters to employment lawyers. One law firm said to call back after we get a "finding." Last week, before we got the letter from the EEOC, husband did call the law firm and said a finding was imminent. He had mentioned that he was told by the EEOC that they didn't call any of his witnesses and the lawyer thought that meant he would get a finding.

He did keep print outs of emails (which was good because when he came back from the IOD, his computer had been wiped clean...no emails left on). There's been things happening since all this (his boss tried unsuccessfully to get him disclipined last week). But at this meeting, when his boss was telling some lies and husband kept responding as such, the boss' boss said that if you two can't get along, I'll have to move somebody and that would be you (indicating my husband). He's concerned that now he's under a microscope and his boss will be looking for anything to ding him on.

This whole thing has been upsetting. He's worked there for over 25 years, no bad evaluations at all (this boss has never given him an evaluation in the seven plus years he's worked in this area), even a commendation at his previous assignment. We need to get a lawyer handing this case and that alone would be a moral victory.

I hiope I gave enough info (probably too much, but it's so complicated). Thanks.
 

las365

Senior Member
I'm going to try to distill this way, way down.

Your husband has worked for his employer for 25 years. He complained to the management level above his boss that his boss was breaking the law in the performance of his job. Management did nothing. The boss was angry. Your husband filed a workers comp claim for work-related stress illness and the employer disputed the claim. Your husband was denied the opportunity to apply for a promotion. He filed an EEOC claim.

What are your husband's legal claims? It's hard to tell from what you've posted whether he has any viable employment law case or not.
Is he claiming retaliation, i.e. a whistleblower claim? (Does he work for a government entity? In my state there is no whistleblower protection for employees of private companies, but I understand that CA has much more employee-friendly laws than Texas)
Is he claiming retaliation for filing a workers comp claim?
You mentioned discrimination. Discrimination based on what?

I'm not getting it.
 

mitousmom

Member
It seems that your husband filed a charge with EEOC alleging disability discrimination. What specifically did his charge allege? What is your husband's disability, when did his employer learn of it and how did it affect his employer's treatment of him? What medical information was released, when and to whom? Was it medical documents or did his employer inform others that he was away from work because of stress or that he had filed a worker's comp claim?

You have provided any information that suggests a potential violation of federal EEO laws.
 

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