Employment and Labor Insider Employment and Labor Insider
Menu
Search
“Notorious Nine” mistakes by employers in dealing with the EEOC

Everybody on the employer side likes to pick on the Equal Employment Opportunity Commission, and the temptation is even greater now that its chair has taken such an aggressive stance on issues like pre-employment credit and background checks. However, employers occasionally shoot themselves in the foot (feet?) with the agency by making mistakes that only compound their problems. If you can avoid making these nine mistakes, chances are good that you (and your company) will be on the list of employers to whom the EEOC gives the benefit of the doubt – a very good place to beNine Ball.jpg.

No. 9. They don’t communicate. Many employers and their attorneys fail to stay in touch with the EEOC while an investigation is taking place. Yes, it is true that the Commission is the guilty party at least as often as the employer. But whether fair or unfair, the employers are the ones under investigation and therefore bear the practical burden of showing that they acted properly. Proactive communication with the EEOC investigator builds credibility for the company and for the attorney who represents it.

No. 8. They underestimate. Many employers and their counsel underestimate the competence and professionalism of the EEOC. Don’t laugh! They assume that the EEOC will not give the employer a fair shake, or that the investigator is not smart enough to identify the relevant issues in a charge. In my experience, this is unfair to most EEOC investigators — although they may have a pro-employee bias (just as most of us have a pro-company bias), most do want to find the truth and be fair to both the employer and the charging party.

No. 7. They don’t expect to litigate. This is closely related to No. 8. Although litigation (rather than a dismissal and notice of rights) is still the exception, the EEOC has been known to go to court – especially when class relief is possible (as with the aforementioned background and credit checks), when religious discrimination allegations are involved (because many people with deeply-held religious beliefs do not believe in filing suit on their own behalf), or when one of the EEOC’s favored causes is at issue (currently, disability/genetic discrimination, disparate impact discrimination, and the ever-popular retaliation). Since President Obama was elected, the agency has been hiring litigators like there’s no tomorrow, which can mean only one thing. (If you don’t believe me, scroll through the agency’s recent press releases and see how many lawsuits they’ve filed against employers since Jacqueline A. Berrien became the chair.) And I can tell you from my own experience that the EEOC is generally a pretty hard-working and effective adversary.

No. 6. They retaliate. Hard to believe that anyone is still doing this – in this day and age! – but a few bad apples do continue to retaliate against employees for engaging in activity protected by the anti-discrimination laws. There are two broad categories of activity that are legally protected: (1) participation and (2) opposition. “Participation” includes filing a charge, testifying against the company, and similar activity. “Opposition” includes activity that does not involve a formal process, such as making an internal complaint about discrimination against oneself or co-workers. It is important to remember that retaliation can exist regardless of the strength of the underlying claim.

For example, an employee may have a good-faith but legally weak claim of workplace harassment. Even though her claim is weak, it would still be unlawful for the employer to take action against her based on the fact that she made the complaint. It is also possible for a non-protected employee to become “protected” by the retaliation laws – for example, a white male who complains about discrimination against minority women at his workplace.

(It is possible to terminate someone for making a bad-faith complaint or for handling a legitimate complaint in a completely unconstructive manner, but this type of termination is treacherous and should not be undertaken without thorough legal review.)

No. 5. They don’t mediate. Many of us were skeptical of the EEOC’s mediation program when it was introduced a few years ago. We did not believe that EEOC mediators would ever give employers a fair shake. For many of us who gave it a try nonetheless, a pleasant surprise awaited. In my experience, the mediators have been generally fair and savvy (see No. 8 above), and have facilitated economical resolutions for companies. Not every case is suitable for mediation, but more cases are mediation-worthy than an employer might think.

No. 4. They wait. Yes, I know that the EEOC is slow, too, but I’m talking about delay as an employer tactic, not delay caused by heavy workload or negligence. Delay is sometimes a legitimate strategy to reduce liability or achieve other goals. But it is generally not smart, even if legitimate, where an EEOC charge is concerned. Employers should realize that once an employee files a charge, the statute of limitations on the federal antidiscrimination claims stops running until the EEOC disposes of the case. Thus, there is certainly no statute of limitations reason for employers to be dilatory. And, even though the statute of limitations stops, the accrual of back pay and back benefits does not. So the more you drag your feet, the more money you may end up paying to the charging party. You also may develop a reputation for being a stonewaller.

No. 3. They prevaricate. This is, thankfully, another problem caused by only a few bad apples. (I have never had a client do this.) To the extent that employers provide non-coercive advance preparation for their employees before EEOC interviews, or obtain legal representation before responding to charges, this is all perfectly legitimate and more than fair. However, employers who try to improperly conceal witnesses or evidence, falsify documents, threaten potentially adverse witnesses with discipline or discharge (or blacklisting), lie to the EEOC, or engage in other improper activity should watch it – they are hurting no one but themselves.

No. 2. They’re not appropriate. This should be no surprise to any employer who is being honest with itself: Employers do not always take the appropriate action in addressing discrimination issues and do not always take corrective action when problems arise. Mistakes are unavoidable, but if you get a charge and realize that indeed you had not handled the situation appropriately, begin working to resolve the matter. If you act quickly (see No. 4 above), you may be able to reinstate a wrongfully terminated employee, or resolve the charge with a nominal settlement. If you make this your normal practice when you find that you have done wrong, you will create an outstanding reputation with the EEOC, and they’ll often be willing to give you the benefit of the doubt on the cases you are willing to fight.

No. 1. They don’t calibrate. The number one complaint from EEOC regional attorneys is that employers often fail to proactively monitor their EEO compliance. This is easy to neglect with all the other responsibilities that companies have. But wise employers will do all that they can to monitor the demographics of employment activity, especially for jobs that seem to be “segregated” by race or sex; keep EEO and harassment policies up to date; have good processes in place for employees to complain if they believe that they have been treated unfairly; and provide effective management training on employee relations, discipline and discharge, discrimination, reasonable accommodation, retaliation, and harassment. For larger companies, it is also advisable to monitor legal actions filed against the company (including lawsuits and administrative charges), even if frivolous, because heavy activity may indicate serious morale or perception issues if not bona fide discrimination issues.

PS – This “calibration” is even more important in light of the Supreme Court’s decision last week in Staub, in which it recognized employer liability on a “cat’s paw” theory.

All that said, here are a few tips from a more “employer-friendly” point of view:

• Don’t assume, just because the EEOC is suing (see No. 7), that you have done wrong. The EEOC isn’t always right, either, and you can win an EEOC lawsuit – especially if they seem to be litigating only because you happen to be on the wrong end of one of the agency’s “hot” causes.

• Although you should not underestimate the competence and professionalism of the EEOC, don’t overestimate it, either. Especially when writing your Statement of Position, be sure that you fully and in plain language explain all relevant background information and your position. You will generally not go wrong by trying to make the investigator’s job easy.

• Don’t try to avoid liability by claiming that a termination for cause was a “job elimination.” My mentor has a great old story about trying an age discrimination case (he was representing the plaintiff) in which the employer claimed “job elimination.” The only problem was, the plaintiff whose job was eliminated was the president of the company. Uh . . . yeah.

This trick has been tried many times, and the EEOC is onto it. If you fired someone for a good reason, have the courage to admit it. If the person was terminated partly for cause and partly for economic reasons, say that. You will have a much easier time defending yourself if you’re straight-up.

• Don’t think the EEOC is being adversarial every time it asks you for information. Often, when the EEOC asks for more information, it is 99 percent ready to throw out the charge (that is, to find in the company’s favor) and just needs one small item from you to wrap the thing up. Thus, unless the request is truly unreasonable, comply politely. When in doubt, consult with counsel.

• Speaking of adversarial, generally don’t be with the EEOC. Some investigators require an adversarial touch, but these are in the minority. Most will be much easier to deal with if you are courteous and pleasant with them. Even if you disagree with their position or don’t intend to provide certain information they’ve requested, you can “just say no” respectfully.

• Last but not least, if you do not have an in-house employment lawyer, don’t handle even a seemingly trivial charge without the help of outside counsel. Here are examples of some mistakes that can turn little charges into big disasters: Inadvertently admitting to violation of a non-EEO law, providing too much information that allows the Commission to go fishing for trouble, presenting “facts” that turn out to be untrue. And, of course, committing any of the above “Notorious Nine.”

  • Tim

    All-in-all the article is well written and great advice! I’ve deal with the EEOC as a company’s HR Manager as well as a voluntary Mediator for a number of years. I have been through just about every aspect of the EEOC activities and agree with each of the points. The ‘C’ level group may not agree so a HR Manager (if not at the ‘C’ level) may have an internal battle attempting to get the ‘C’ folks to allow the HR Manager to ‘manage’ the situation…but that may be the on-going battle. Thanks for the advice. Well done.

  • Lesa

    I have dealt with EEOC twice in the past 15 years. In the first instance the matter was resolved quickly and fairly. In the second instance the EEOC investigator/mediator clearly knew the former employee was taking advantage of her minority status to try and get money. When our attorney found out who the EEOC mediator was in our case he was less than enthusiastic as he had dealt with him in the past. Our attorney was ready to go to trial but it would have cost too much time and money so we settled. I felt like I had been (metaphorically) mugged.

  • Thank you very much, Tim! I hope those “C” level folks will listen to HR. EEOC offices vary from one location to another, but overall I’ve had very good experience being friendly and cooperative (even though I sometimes have to set some limits).

    Thanks again for commenting.

  • Lesa, first I would say that you are doing something very right if you have dealt with the EEOC only twice in 15 years. I’m sorry about your second experience, and that does sometimes happen. Sometimes you can find out who the assigned mediator is before you agree to mediate, and sometimes you can even specifically request a mediator with whom you’ve had good experience. You may want to try that next time . . . but I hope it’s another 15 years before you have to worry about it!

  • I learned about the EEOC in my college Employment Law class. I feel that’s it’s a great program, but it needs to mature. There are times poor judgement is used and the agency does the exact thing it’s supposed to protect against; it disciminates. I believe in discrimination protection for all, not select parties, anything other is itself discrimination. All in all, great program, just needs a little more common sense applied.

  • Jeff

    I was attempting to settle an unpaid wage claim (overtime and last paycheck not paid in full). They threw me a lowball take it or leave it offer yesterday, but then stated that I also had to sign an age discrimination waiver or no deal. They gave me a deadline to accept by today or no deal. I asked for the documents they want me to sign (they want me to do the age waiver, a general release, letters to agencies saying my issues were resolved, and also letters to their employees stating that my issue was resolved to my satisfaction….lots of demands and not sure why they want the letters to the employees. I feel coerced….am I looking at this in wrong light?

  • Hi, Jeff. I would recommend that you consult with a qualified employment lawyer who represents employees, not companies, in your area. You should be able to get some recommendations from your state’s Bar Association. All the best, Robin.

  • martinw392

    The truth from a guy in the trenches for 20 years, there is simply too much employee labor bullshit in trying to run a small business, these people who normally start businesses are trades people who have expanded a bit hired someone then get roasted a thousand different ways by labor boards unions and the like because they did not train to be labor lawyers and are crucified every time they break some vague unclear labor law they were not even aware of, the result is then they decide to forget the whole idea of hiring employees and go it alone and simply avoid the whole headache, these are the smart ones…the system is very successful at making business owners feel dirty and like criminals on a very regular basis. I really feel like i’m doing something evil by having employees work for our company, I feel sorry for the young people who feel like they have some type of unfound opportunity by opening a business, they will just become victims of this process as well, i would never advocate my children run a business and hire people to work because this is what i have endured during my 20 year business career, i want nothing more but to get out and leave all this employee crap behind me and say good riddance, but i’m a prisoner of my business now as we owe too much money, so i have to continue to babysit the world. Beware young people if you own a business you will be a criminal and a bad person in the eyes of the world. Not a good career choice.

  • Disillusioned in Dallas

    I’ve only been in business for 5 years now and feel SO beat up by employees who lie, steal (in so many creative forms), bully, you NAME IT. Put flowers in the trash then call their friends to come fetch them out of the dumpster… never deliver all of the flowers in an order then the customer is wrong. Take parts off my delivery van… I’ve endured almost $1000 per month in repairs to said van because of drivers. Yes, I could buy a new van, but hell will freeze before I let someone tear up MY new vehicle. I truly fear for the future of America because the work ethic is so degraded that employees don’t give a poop about doing a good job. They just want a pay-check. And if they don’t get THAT in the time they deem fit, they’re off filing complaints or SAYING they’ve filed complaints (blackmailing buncha bullies!). Many within this work-force feel that we are privileged to have them in our shops so if we DARE say anything about, for instance, conducting their OWN business deals on my time, or texting all day…or stopping by to pick up their mom and kids to take shopping at a local bigbox in my company van AND on my company TIME! Stuffing things into my toilet so s/he could be the ‘hero’ and fix it (again, on company time). (yes, this was an actual admission AFTER the employee left). Wow do I get an earful and then nasty posts on the internet about how ‘crazy’ and ‘difficult’ I am to work for. I do have to admit that they are at least creative in their name-calling! My only recourse, is, as mentioned earlier… do it all myself. Which is impossible and results in poor customer service, late deliveries, etc not to mention poor health and illness from exhaustion. Hiring ‘help’ does nothing but destroy my business and waste my time and money with personal issues, manipulations for prime times off, endless taxes, report filing, personal , emotions, drama, etc. One employee threatened to file a discrimination complaint because I had the audacity to have a flower on my desk and she didn’t!

  • MC

    I am speaking of the larger companies who are well “lawyered” up and purposely screw over injured workers by not providing work within restriction when they can and do have the means to do so. They are as much to blame for why the American people with disabilities need these laws in the first place. nothing like a white collar repub who thinks every govt program is designed to take the silver spoons from their babes mouths. They rally their bluecollar repubs to fear their guns and religion are going to go to hell so they can distract them when its their blue collar behinds that need Workerscomp becasue a piece of machinery malfunctioned or corners were cut to increase profits. Shame on corporate america for screwing over the hard working worker. You are starting to get your just rewards now since China has stolen every possible intellectual property you handed them for the almighty dollar!

  • Fed UP!

    I am in hell as an employer as well…every time I try to discipline an employee I get a call to the dept of labor or EEOC…it is so horible and wrong. I just can believe how people can just lie and get away with this. The EEOC needs to start coming down hard on the FALSE complaints and hold those people accountable. My truck has been vandalized, and so much more…unbelievable!

  • TiredAndBroke

    My former employer—within 15 miles of Dallas—has a staff of 12-18 on average. When I was terminated after 28 months, I had been with the company longer than any other employee. There had been 61 different employees through the company and 45 had left or been fired. ALL had been interviewed and hired BY THE EMPLOYER! Here are quotes from testimonials other former employees have made in my defense against my former employer:

    ONE: “I worked at 3Di for about 3.5 months as a Graphic Designer with GUEST. I was hired about 3 weeks before GUEST, a very professional man who was experienced and easy to get along with.”

    TWO: “On one occasion, OWNER placed the paycheck of his assistant in his trousers and told her to retrieve it if she wanted to get paid.”

    THREE: “In fact since entering the professional workforce, I have met few people as professional in their conduct as GUEST….Despite such an antagonistic work environment, never did I witness GUEST exhibit an attitude contrary to productive effort.”

    FOUR: “I can say that in the eight months that I worked with GUEST at CO. he was the most professional person in the building.”

    FIVE: “If I could have any influence I would like to let you know that GUEST worked very hard for this man and we all were verbally abused and I personally had money taken from my paychecks which I know is a federal offense.”

    SIX: “You and FIVE both have to be some of the most tolerant people I’ve ever met, not to mention two of the most talented. I remember seeing the stacks of project folders on your desk and wondering how you managed to juggle all of them. Yet somehow you persevered, truthfully excelled as far as I could tell.”

    Here are quotes describing conditions faced at CO. from the addendum attached to my charge to the EEOC:

    ONE: “The first week went well and the job seemed to be as described. By the second week I noticed a shift in the demeanor of OWNER towards my coworker AAA. He was becoming more and more abusive in the way he talked to her. By the third week I was told that my job was not only that of a designer but also as Project Manager. This would entail inventory of jobs, keeping the production staff moving and producing (basically babysitting) and answering the phones (even though he had a personal assistant in the office). This seemed odd to me since there was a Production Manager supposedly running the production team.
    “Soon after this AAA was told she needed to work up a Power Point presentation for an exposition OWNER would be attending. As it turned out all of the photos of previous jobs that OWNER wanted to use in the presentation were on his iPad. When AAA opened up the photos on the iPad she was inundated with pornographic photos. I could see that she was shocked and appalled at having to go through each photo to find the job related ones that were needed by OWNER. Just one example of how OWNER treated the ladies at the office.”

    TWO: “It was my observation that there could be no one less qualified to operate a business then [sic] OWNER. In spite of his talent as a salesman and his innately creative nature, OWNER has no understating of business operation and has, as a rule, run fast and loose with everything from company resources to his own employees.
    “I was let go from CO. one year ago. My wife was ill and I could not comply with his order to work when I simply could not. It was a 43-mile one way trip to his office which I made daily but could not on this one occasion which was over a weekend and my employment was terminated. It was a convenient time for him as I was tying up loose ends on a large deal that would have paid me a large commission.
    “I have witnessed the misplaced priorities and sexism offered in GUEST’s appeal. On one occasion, OWNER placed the paycheck of his assistant in his trousers and told her to retrieve it if she wanted to get paid.
    “OWNER felt it more important to support his position in the community then to support the work being done in his own operation. Paying jobs were placed behind the support of local activities and decoration of his home. One of my own jobs was placed behind a beauty pageant which paid nothing.”

    THREE: “Any apparently poor attitude of OWNER’s employees toward their work situation is either a) OWNER’s failure in leadership and management, or b) a subjective appraisal with no regard to actual professional conduct.
    “The work environment at CO. was generally hostile, and especially for female employees. OWNER regularly threatened employees with dismissal, belittled employees in front of other employees, spoke disparagingly of employees to other employees, and sometimes antagonized employees he especially disliked.
    OWNER often expressed an attitude that women are inferior, and often spoke of women with regard to sexual situations.”

    FOUR: “I have witnessed GUEST, as well as other employees, being verbally abused often and usually for mistakes by another. Even at these times he had considerable self control and maintained his professionalism. Generally he was the the last person to leave work…They [sic] statements made against his former employer are correct and accurate.”

    FIVE: “If I could have any influence I would like to let you know that GUEST worked very hard for this man and we all were verbally abused and I personally had money taken from my paychecks which I know is a federal offense. I am happily employed now and am overwhelmed by how kind an employer can be.”

    SIX: “But as it went into the second week, and I’d experienced the daily meetings a few times, I noticed that he was not only unpleasant, but ill-tempered, unprofessional, and prone to lashing out when he feels he is financially panicked or over a deadline. His own wife told me the true test was to see if I could make it 30 days with him.
    “This woman [the new assistant for OWNER–note from GUEST] was sitting in the office right beside me (on her fourth day of employment or so) when OWNER offered this explanation to me about sign pan assembly…and I quote: ‘You know everything with me has to be about sex, drugs, or rock and roll. So understand it this way. You have a male and female part of the pan assembly of a sign. The female part, goes against a wall as a female should, then the male is inserted into her good and tight. You wouldn’t put it together with the male against the wall, would you?’ Of course, I was disgusted that this just happened at all, much less in front of a new female employee.”

    During a discussion about how the OWNER treated his employees, a present employee commented that since moving to Texas, every employer has been just like OWNER. I am 65, have a wife, teenager and am out of work. I desperately need employment: full-time, contract, free-lance, whatever. Presently, I am working as a VSO (Visual Security Officer) for Macy’s, a minimum-wage job which I am glad to do since I did the same last Christmas.

    So how many of you employers got fired right before the Holiday Season this year?

  • Tim Golden

    U.S. Department of Justice,
    while you were sleeping I went fishing
    on G-D’S web
    look at what I caught and reeled in:
    NYS WCB 2001 Annual Report
    NYS WCB 2006 Annual Report
    eat! eat!
    U.S. Department of Justice,
    how many Indian-American women and men do you see in reports?
    how many African-American women and men do you see in reports?
    how many Asian-American women and men do you see in reports?
    how many Latin-American women and men do you see in reports?
    how many Native-American women and men do you see in reports?
    how many Middle E-American women and men do you see in reports?
    p.s.
    someone call the cops!
    (someone call the EEOC!)

  • Tim Golden

    U.S. Department of Justice,
    while you were sleeping I went fishing
    on G-D’S web
    look at what I caught and reeled in:
    NYS WCB commissioner bios
    (google it! ask it! aol it! yahoo it! bing it! info it! wow it! dogpile it!)
    eat! eat!
    p.s.
    U.S. Department of Justice,
    when you delivered the FDNY the news “hire! all people
    (not just friends and family)”
    did you (DOJ) go down the FDNY’s chimney? or
    did you (DOJ) kick the FDNY’s door down?

  • Tim Golden

    U.S. Department of Justice,
    Q: if I am here and the EEOC Enforcement Unit is there
    then how did I hand the EEOC Enforcement Unit (t)HIS note:
    EEOC Enforcement Unit,
    1) I want all employers to(o)
    take the Law (the Americans with Disabilities Act) seriously!
    2) I want all employers to(o)
    take the EEOC (the law enforcement agency which enforces the ADA) seriously!
    A: bro(t)her! by(e bye) fax

  • Tim Golden

    U.S. Department of Justice,
    Q: if I am here and EBSA Director Kay is there
    then how did I hand EBSA Director Kay (t)HIS note:
    Director Jonathan Kay,
    1) I want all fiduciaries and co-fiduciaries to(o)
    take the Law (ERISA and HIPAA) seriously!
    2) I want all fiduciaries and co-fiduciaries to(o)
    take EBSA (your law enforcement agency) seriously!
    A: bro(t)her! by(e bye) fax

  • pat

    My experience was with the Atlanta Public Schools, who it has been shown all over the news that many of the top people, including my boss, Millicent Few were dishonest and had little integrity. I had worked with them for one year and quit. Was called two years later if I was interested in coming back and came back to work under a former co-worker, who had been promoted to director. Worked for a few years, almost 6, and noticed they were either hiring the younger people (I was 53) or they were promoting the younger employees, even when they did have the experience I did. When I questioned my supervisor, she said that the CEO liked to hire the young so she could mold them. After a while of constantly being passed over, I filed an EEOC complaint for age discrimination. Mind you when I went to EEOC, several ladies there asked my how was my boss doing as well as two other ladies who worked there in supervisory roles. I felt like they knew about the suit before I got back to work. Three weeks after I filed, I was fired, for allegedly inappropriate communication with an employee who was to testify against his supervisor and some other charge of enticing a vendor to charge higher prices. Both charges were untrue, but even after being ordered to put me back to work by the civil service worker, they appealed and, totally because of my sorry Lawyer, I lost at the appeal. He would send in brief in handwriting, not typed and then it would be a paragraph. Said it was not his job to prove me innocent, but their job to prove me guilty. Research your lawyers! Anyway, EEOC determined that they could find no evidence that I was discriminated against or retaliated against for filing. EEOC and the legal system is a joke. It only works for those who can afford to hire the best lawyers, otherwise, you are screwed.

  • Robin Shea

    My experience with the EEOC has not been the same as yours, but I haven’t had any (or many) dealings with the Atlanta office. An employee who wants to file a lawsuit under the federal anti-discrimination laws is required to go through the EEOC first. Even if the agency does not find in your favor, you have 90 days from the dismissal to file a lawsuit on your own. Thanks, Robin

  • headandra

    I’m reading your complaint, but their or evil people every where. I do believe that if we do the best and do not seek vengance God with take care of them.

  • headandra

    I worked for a company a very large company, they had little to no respect for the sub-contractors. I do not believe all companies are bad companies. But we are know constructions is a hustle and tables do turn on businesses and employees. Your competitor will become your employee and your employee will become your boss. It’s all a hustle

  • Lagunaberry

    You know, I’m reading some of these and I understand that maybe small companies that get EEOC charges filed against them may get financially hurt or inconvenienced, and I understand some charges are unfounded, however many are not, but you need to consider what an employee might be going through as well. My fiance and I are experiencing EEOC process and procedures in the employee side of being discriminated against, and it has been straight up hell for us,and has taken 4 years, against a fortune 500 company, who basically screwed him (to sum it up). The EEOC actually seemed to want to favor the side of the company more,and we had to fight the good fight and prove our claim. We, fortunately, kept EVERYTHING, which is the only way we got a fair decision, because this company attempted to belittle our claim and lied to the EEOC about the facts, because they themselves don’t even know the facts they screwed up so bad. We had our facts and prove of them straight,so we have come out with a finding by the EEOC that the charges are substantiated. To many companies, especially big corporations, think of the employees as less than, and that is a big mistake. The EEOC actually seemed to want to favor the company and their standing, until we pulled out or proof that they,at best, don’t even know what happened or what’s going on, at worst, straight out lied about it and tried to cover it up. In my opinion, you should take advice from this helpful tip, but don’t be in such a hurry to think the EEOC is out to get you, or will automatically have prejudice against you,as a company. In my experience, they are more in favor of you as a company than an employee bringing charges against you. Thankfully, we kept all our facts true and straight, so we got a judgement in our favor. Now we just need to decide whether we want to conciliate, or sue the pants off them for all they put us through.

  • zenxen

    The EEOC mediator believed in my case to the point of thinking the company should settle. The company refused to mediate. It went to an investigator who didn’t speak to me until AFTER he made his decision to side with the company. Yeah, if you file a case with the EEOC, watch your back!

  • Jeff Kelly

    The EEOC is the biggest JOKE around…so is every state agency set up to deal with such complaints…yet the whining silver-spooned arrogant asshole company folks are happy to get on here and complain. What happened? They had to call a big law firm and pay big money to defend against real claims from their arrogant fat selves and it ruined half their day. They don’t consider they ruin people’s LIVES every day with their illegal bullcrap. And Congress and state legislatures support this bullcrap of a system. It needs overhaul. But the billionaire class that owns all these companies doesn’t want that of course–that would upset their month instead of just their day. Buuuuuuuu uuuuuuulllll sheeeeeeeeee yuttttttttttt!!!!

  • Margaret

    Hi Jeff,
    I filed and expect my phone interview today. I have all the makings of a lawsuit against my big stupid employer ( ex now ). Funny that this employer ” stole” Nurses from another company to form their big stupid company…and I was one of them. Oh shame on me! But that NOT the crux of my complaints..I was on FMLA ( I inquired on 3/22/2016 and recieved pp work on 5/25/2016!! So my FMLA WAS to OFFICIALLY end on 7/31/2016 BUT I was told on 7/15/2016 it ended 6/25/2016!! WHAT THA!! There’s more..way more..saved all coorsponding emails, so we will see what the EEOC says..
    Thanx for the ear!

  • Jeff Kelly

    Hmmp. Go to youtube and you will find on there a former judge with EEOC who has the same complaints against EEOC and how they treated her as any other bullshit employer doles out on any bullshit basis. So the EEOC is a filthy rotten CORRUPT joke, and just funded greater than most of these state agencies are. So it is a higher funded JOKE. Pfffft. No way to bring any of this nation back from the incessant downward spiral. Only thing to do is move to Canada, Mexico, Ecuador–almost anywhere. Don’t thank me for my ear. I just felt that both ears were still on each side of my head, so no issue at all! LMAO

  • curiousone

    My company refused to mediate. My case has went to an investigator. Is that a good thing or bad thing? How long will it take? Thanks for your comment..