I am afraid of rebuttals and I have a pending racial discrimination charge against the company with the EEOC and it has not yet been assigned to the investigator but I made it aware to my manager and supervisor of the EEOC charge (including the internal Ethics charge of the same subject which they found no evidence of discrimination) and ever since then they have been treating me differently, which includes a negative performance evaluation for my mid year. I field with internal HR and they want all my docs of what i think is retaliation, im afraid they might come out with a rebuttal if it ends up in court. should i provide it to the HR rep?
I filed with internal HR of retaliation due to the race discrimination case, and even made the rep aware I went to the EEOC
If you haven't retained an employment litigator, do so now. You've apparently already risked your claim by lodging an EEOC complaint yourself. Not consulting counsel is unwise because if you don't word your complaint correctly, you can limit your litigation options, and further, most CA employment lawyers would probably opt for a state DFEH claim rather than a federal EEOC claim because state courts tend to be friendlier than federal ones.
PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
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