What can I do? After waiting for 270 days

[learnthelaw]

What is the name of your state? California

It is posted in the EEOC website: The AJ must issue a decision within 180 days of a request for a hearing.
However, after 270 days, the AJ has not issued a decision; and has even not scheduled a hearing. What can I do?

Your advice is greatly appreciated

 

[fairisfair]

um. call them and say "why hasn't a decision been issued on my case"????

 

[learnthelaw]

Thanks! Whom may I call to?

Thanks!
It is posted in the EEOC website: One party calls to the AJ is prohibited.
Whom may I call to?

 

[fairisfair]

http://www.va.gov/orm/ORM_Office_Locations.asp

contact your local office, they will be able to direct you from there.


PS usually nasty mad red faces do not accompany a thank you

 

[learnthelaw]

Question/ EEOC-AJ

If I call and ask why the AJ has not issued a decision after 270 days as it is posted in the eeoc.gov that the AJ must issue a decision within 180 days;
would it make the AJ angry?

 

[fairisfair]

If I call and ask why the AJ has not issued a decision after 270 days as it is posted in the eeoc.gov that the AJ must issue a decision within 180 days;
would it make the AJ angry?

who cares, hasn't it made you angry?

 

[learnthelaw]

AJ's fair decision?

Yes, you are right, but I am worried about how can the AJ give a fair decision if he become angry?
Does the AJ have a supervisor? Does his supervisor care about that no decision issued in more than 180 days? Does the EEOC's Office of Federal Operations (OFO) care about how the AJ works with the case?
I saw a costume contact 1-800 number in the eeoc.com, how does it work? Can I get help to call?

 

[mitousmom]

EEOC's regulations state that the AJ must issue a decision within 180 days of the receipt of the complaint file from the agency. Nonetheless, it's been my experience that EEOC doesn't do so. Further, there is no penalty if the AJ doesn't meet the requirement. All the complainant can do is to request that EEOC return the complaint to the agency for a final agency decision based on the investigative record.

According to its most recent published data, the average processing time for hearings at EEOC was 249 days in FY 2005 and the average age of its inventory was 207 days. Those are averages, suggesting that many cases considerably exceed the average.

I'd send a letter addressed to the Hearings Unit asking for the status of the processing of your complaint, when your agency sent EEOC the complaint file and when your complaint is scheduled for assignment and/or a hearing. If you have any valid reasons for expedited processing, you should provide them. I don't suggest that you remind or note that EEOC has exceeded the 180 day "requirement."

FYI: EEOC's AJs don't work for the EEOC's Office of Federal Operations. If you want to complain, you should direct your complaint to the District Director for which the AJ works.

 

[learnthelaw]

Thanks...Hearing Unit?

Thank you very much.
How to find the mailing address of the "Hearing Unit"?
The case is in EEOC-LA, California.

 

[mitousmom]

The Hearings Unit is a part of the Los Angeles District Office. So the address for it is the address of the EEOC Los Angeles District Office. You should be able to the find that in the telephone directory or any correspondence you have received from EEOC about your hearing.

 

[learnthelaw]

Thank you again, who schedules the hearing?

Thanks.
The “Report of Investigation” must be received by the AJ before the AJ signed and sent out the “Acknowledgement and Order”; obvious, the AJ makes decision; however, I don’t know who schedules the hearing, the Hearing Unit? Or the AJ?

 

[mitousmom]

I don't know either. But since the AJ works in the Hearings Unit, someone in the Unit can respond to your letter.

Also, I'm not sure that an Acknowledgement Order is sent after EEOC receives the the Report of Investigation or complaint file. Information on EEOC's website (a sample of the letter of acknowledgement) indicates that the letter is sent upon receipt of the request for a hearing. However, I suspect that different EEOC offices may have slightly different procedures. Did your letter of acknowledgement indicate that EEOC had received your Report of Investigation?

 

[learnthelaw]

Thanks a lot...

No, the letter of acknowledgment DID NOT indicate that EEOC had received the Report of Investigation (ROI). However, I followed up, after I received the letter of acknowledgment, I sent a letter to the AJ, in which, I stated "if the AJ does not have a copy of the ROI, I'll send a copy of it upon request." But no request was received, so I believe that the AJ had already received a copy of it.

Because the letter of acknowledgment and other Orders were all sent by 1st class mail, I have to pay attention to look through my mail-box every day, I am worried about missing any deadline or any order could be lost by the mail, so I cannot go to any where overnight.

After waiting for so long, I searched the eeoc.gov, and found the information that the AJ must issue a decision within 180 days. I feel the AJ has been delaying my case for unreasonable length.

Thanks a lot for your help.

 

[mitousmom]

The AJ gets the file from the agency, not the complainant. The agency is required to provide the file. You can't assume that since the AJ didn't respond to your letter, s/he has the complaint file.

Does the AJ know you? Why would s/he deliberately delay your case? Unless you have some evidence that the AJ is treating your case differently than anyone else's, I think you are being unreasonable. Remember part of the AJ's role is to assess credibility and rushing to judgement about your treatment and your complaint's processing without foundation, is not the impression that you want to give the AJ. You need to read the information on the hearings process EEOC has on its website and then wait for a response to the letter you are sending the Hearings Unit. If you haven't heard in say six weeks or so, call the Hearings Unit and ask the status of your case.

My standard advice to anyone dealing with EEOC is file your charge or request a hearing, respond promptly and completely to any correspondence and communications from EEOC, try to get some idea as to how they will process your matter and how long they expect it will take, check in with them if they exceed whatever they tell you, but get on with your life. EEOC moves at its own speed and for the government's self-interest - not your interest or the employer's. If you take that approach, you won't end up frustrated.

 

[learnthelaw]

EEOC rules and practices

Thank you so much for your help.
I wish my case could be treated in the way that the EEOC ruled.
I have waited for 270 days. It is far more than 180 days.
No hearing, no decision; and even no information about why.
Thank you again.