I filed complaints with 12 Pharmacy employers, within 60 miles of my home. I have an outstanding work record with no violations of any type. I am transgendered female Pharmacist, I file complaints against 12 employers who did not consider me for pharmacist jobs because of age or gender discrimination. The EEOC Milwaukee only sent each of them a letter as part of their in depth investigation which took 6 months to get back as to their reasons why? All of them gave untrue bogus responses and now are retaliating against me for filing a complaint against them.
Where is my protection? The EEOC did nothing to investigate my claims and now I am left with nowhere to get a job. I do not have money to fight city hall, what can I do?
Employment / Labor Attorney
I believe that most employees at the EEOC care deeply about the agency's mission. However, from my perspective, the EEOC tends to have too little resources to investigate the very large amount of charges that are filed with the agency. In Arizona, it is common for the EEOC to issue a determination letter a year or more after the charge was filed. You may want to consult in person with an employment lawyer to get a careful evaluation of your situation. I wish you the best of luck.
My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.
Retaliation? How so? If you are not employed by any of these entities, how can they retaliate against you for your EEOC complaint?
Based on the number of complaints you filed, it is highly likely that the EEOC has surmised that you contend that failure to hire you is itself evidence of unlawful discrimination -- in other words, that you are deducing an unlawful reason for no job offer from the bare fact of no job offer. EEOC knows that there must be affirmative evidence that is the reason for the refusal to hire. Even an outstanding prior record with no disciplinary events will not result in affirmative evidentiary proof that the only basis for no job offer is your trans-gender status.
When you say that all of the prospective employers gave "bogus" responses, it begs the question of how you would propose to actually prove the bogus-ness of all of those responses. Legal actions turn on proof -- not feelings, assumptions, or diagnosis by exclusion.
In all events, you do not need EEOC to investigate your complaint or to make any findings in your favor. You can demand that a Notice of Right to Sue be issued and proceed to take your claims to court. And there is no reason not to exercise this right: no finding by EEOC would be sufficient to force any payment of any claim or any recompense or offer or other recourse by any unwilling employer. If the complained-of employers know that you have complained against them all, and they likely do, then they are putting a great deal of strategic confidence in a united front. This is not a situation that EEOC would likely succeed in remediating in any event.
Talk to any skilled and experienced local employment discrimination attorney about simply taking your case away from EEOC and moving it through the legal system.
Your real challenge will be to find a skilled and experienced attorney to take your caae on contingency. Be prepared to narrow your targeted defendants.
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Attorney McCall's answer is spot on. The best way to get a case moving is to get the Notice of Right to Sue and move forward in court against the companies you believe discriminated against you. The challenge will be proving the discrimination took place with affirmative facts. Consult with an experienced employment attorney in your area. Once he/she has all the facts, your attorney will be able to better advise you on the viability of your claims. Good luck.
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