Employment Law/EEOC

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Good Evening

My question, I filed with the EEOC a sexual harrassment/retaliation complaint.  The investigator issued a 'no cause' Right to Sue Letter.  The investigator did NOT contact a single one of my witnesses. ONe of my witnesses is also a trained investigator and is willing testify on my behalf. His testimony will contradict the Employers Position Statement. She (investigator) also lied on her report about 15 different bullet items of what I had said during our interview.  I recorded this phone interview (Arizona) and learned of her 'error's when I received a copy of the file.  I had this recording professionally transcribed and gave it to her boss.  Nothing was done.

If I received a 'for cause' Right to Sue, lawyers would have been knocking at my door but instead, I am not able to find representation.


Do I have any recourse against the EEOC?   Why does nobody seem to care about a member of the EEOC doing this?

Answer
Susan - If you have gone to the person's supervisor and gotten nowhere, I'm not sure there is anything else to be done.  You could try finding out who the head of the office is and contacting that person, but unfortunately, most managers are unwilling to second-guess their employees.  However, maybe the person in charge of the office would respond, at least to explain why there are holes in the investigation.  Suing the EEOC would require an attorney, and if you cannot afford to pay one (which I assume is the case), you would run into the same problem as you are having with your discrimination claim.

If you do send a letter to the local head of the EEOC, make sure it is certified, return receipt so that it is taken seriously.  Good luck.

Employment Law

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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