Eeoc

[fgs]

What is the name of your state? GA
I have had two occasions to speak with the EEOC in GA in the last few months, and to say the least the ones I spoke with were very unprofessional. I filed a claim there earlier this year. The first agent was rude and tried to get my claim thrown out by saying that the paperwork wasn't filed in time. I had documentation from the US Postal Svc showing exactly when the claim was filed with their office, and they had to reinstate the claim. The second agent contacted the company and got the company's written response. However, when I asked the agent if they had talked to any of the witnesses that I had listed, she said no at first, then said yes, then said that the agency didn't have the resources to do that kind of investigation. All they have is the company's response and she seemed willing to let it go with just that. They did not talk to anyone that I listed on my complaint as witnesses. They didn't even investigate the specific complaint that I filed because I filed concerning one issue and the company response that was read to me did not address that. Can you please give me some guidance as to what I should do next?

 

[Upset in PA]

This is direct from the GA Administrative rules on Processing Discrimination Complaints.

186-1-.05 Complaint Processing.
(1) The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint, and within 15 days of filing, shall serve the Respondent with a copy of the complaint. The complaint shall be barred unless filed within 180 days after the alleged unlawful practice occurs.

(2) Within 90 days after the complaint has been filed, the Administrator shall determine whether there is reasonable cause to believe the Respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the Respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.

(3) Within ten days after receiving a copy of the order dismissing the complaint, the charging party may file with the Administrator an application for reconsideration of the order. Upon such application, the Administrator shall determine within 15 days whether there is reasonable cause to believe that the Respondent has engaged in an unlawful practice. If it is again determined that there is not reasonable cause to believe that the Respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint and notifying the Complainant that such Complainant has the right to request a right to sue letter from the appropriate federal agency or petition for review in the appropriate Superior Court as provided for in the Fair Employment Practices Act of 1978, as amended.

(4) After investigation or after review provided for in section (3), above, if the Administrator determines that there is reasonable cause to believe that the Respondent has engaged in an unlawful practice, then the Administrator's staff shall first endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. The terms of the conciliation agreement reached with the Respondent may require the Respondent to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may he agreed upon between the Administrator and Respondent. If a conciliation agreement is entered into, the Administrator shall issue and serve on the Complainant a final order stating the terms.

(5) In the event the Administrator determines that there is reasonable cause to believe an agency or authority has engaged in an unlawful practice as defined in the Fair Employment Practices Act of 1978, as amended, and the Administrator's staff is unable to eliminate the alleged unlawful practice by conference, conciliation, and persuasion, the Administrator shall refer the complaint to a Special Master.

Authority O.C.G.A. Sec. 45-19-36. History. Original Rule entitled "Complaint Processing" adopted. F. Dec. 29, 1992; eff. Jan. 18, 1993.

 

[hmmbrdzz]

This is quite typical of discrimination complaints filed with the EEOC and then investigated by the agent. If you filed the complaint within 180 days of the act of discrimination, (which it appears you did since they reopened the case and sent it on the agent for an investigation), then you were lucky to have gotten that far in this process. You should consult an attorney throughout this entire process, as it will be extremely difficult, (in fact impossible), for you to proceed without one.


hmmbrdzz