What can I do? After waiting for 270 days

[learnthelaw]

What can I do after waiting for 270 days? the AJ does not practice EEOC 's rule?

Today I was told that the file of Report of Investigation was received on July 5, 2006 by the Hearing Unit but no Hearing is scheduled up to date; no decision is made by the AJ. Obviously, the AJ does not practice EEOC's rule that the AJ must make decision within 180 days. What options do I have?

 

[mitousmom]

The processing statistics I provided earlier indicate that EEOC does not regularly process hearings within 180 days of receipt of the complaint file. It's unlikely that you are going to be able to force EEOC to expedite the processing of your matter. I suspect that there are many complainants in the same situation you are in. You can either wait for the AJ or ask EEOC to return your complaint to your agency for a final decision from the agency.

 

[learnthelaw]

questions

Thank you so much for the information.

If I ask EEOC to return the complaint to my agency for a final decision from the agency, how long will it be for the EEOC to return it? and how long will it take for the agency to make the final decision?

Will the agency accept the case back from the EEOC?

When can I sue in court?

 

[mitousmom]

If I ask EEOC to return the complaint to my agency for a final decision from the agency, how long will it be for the EEOC to return it? and how long will it take for the agency to make the final decision?

I don't have any idea how long it will take EEOC to return the complaint to the agency. The agency has 60 days to issue a final decision, but most federal agencies fail to meet that requirement. EEOC provides statistics on how long agencies take to issue final decisions. You can go to its website to get data on your agency. See http://www.eeoc.gov/federal/fsp2005/cad/table_b-14.html

Will the agency accept the case back from the EEOC?

Yes.

When can I sue in court?

You can file a lawsuit once you receive a final decision from the agency. The decision will include your right to sue.

 

[learnthelaw]

file a lawsuit now

Can I file a lawsuit in court now without getting the agency’s final decision?
Do I have to get a Right to Sue Letter?

 

[learnthelaw]

The AJ made conflicts with supervisor AJ

In "Acknowledgment and Order", it was ordered "Discovery shall be completed within ninety (90) calendar days from the date of receipt of this Order unless otherwise directed by the Administrative Judge. If the parties agree between themselves to extend discovery deadlines that would, in turn, extend the 90-day deadline, the parties must seek the Administrative Judge's prior approval." - which was issued in July last year by Supervisor AJ.

In fact, the parties have never had discussion and/or agreement to extend discovery deadlines; and have never received the Administrative Judge's prior approval.

"Discovery is closed." Which was ordered by the AJ last week in March 2007.

It was eight months from July, 2006 to March, 2007, which obviously conflicts with the Supervisor AJ’s Order of "ninety (90) calendar days" for discovery.

Apparently, the AJ created conflict with Supervisor AJ.

I am confused. Which one should be obeyed? Does the EEOC allow them to do this?
Is it the EEOC’s tradition? What can I do about it?