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Does the EEOC have to notify an employer when an amended charge is filed after the employer has responded to the charge?

Santa Monica, CA |

I filed a Retailiation charge against my former employer in 2010. The employer dragged their feet and have only recently responded to the charge (I have not seen the response yet, it is being drafted by EEOC) The delay permitted me to uncover evidence of another act of retailiation that occured during the same window of time. I filed an amended charge. What is the EEOC legally obligated to do, if anything?

Attorney Answers 2

Posted

The EEOC has to notify the employer if the amended information varies from the original information. Otherwise, how can the employer respond? The EEOC investigation must incorporate the employer's response to the allegations, so the employer must be informed.

I assume you are concerned about the length of time that has passed since the events, if you originally filed in 2010. It may not have been your employer dragging its feet; it may have been that the EEOC is moving slowly. The EEOC is terribly underfunded and understaffed and it is taking around two years to investigate a typical charge.

I do not understand what you mean when you say the EEOC is drafting the response. Of course the employer prepared its own response, so do you mean the EEOC is preparing a written summary of the employer's response to send to you? That is somewhat unusual. More often, the investigator telephones the charging party to discuss the employer's response.

Note there are substantial differences between federal and state discrimination law. Please look at my guide to unlawful discrimination which discusses these differences, how to enforce your rights, and time limits: http://www.avvo.com/pages/show?category_id=6&permalink=what-is-unlawful-employment-discrimination--california-law

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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2 comments

Asker

Posted

Thank you. The EEOC Investigator indicated that they were summarizing the response to send to me. Whatever their standard process is that is what i was told. I was also told by the investigator athat the employer response has only recently been received. I am also hearing that their priority has shifted to new cases...so. Their standard process is no longer standard. Thank you again.

Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

Maybe the investigator does thing differently when the charging party does not have an attorney? The EEOC's policy and case-handling priorities have not changed for several years. However, the agency has gotten further and further behind and has had trouble contacting many parties in the older cases. Charging parties move, get a new phone number, etc. Some employers go out of business. Many older cases get closed without investigation for this reason.

Posted

EEOC and DFEH close over 90% of their cases, determining that they have no findings, so waiting for the EEOC process to provide you with a favorable result is not something you should count on. EEOC has limited resources and only truly investigates a limited number of the most egrigious violations. You should discuss your retaliation claim with a reputable employment attorney in your geographic area to determine what your legal options are.

Thanks,

Arkady Itkin

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