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What are the chances that my Title VII national origin claim will be affected by Res judicata or Collateral Estoppel?

Atlanta, GA |

I have not been successful getting help from an attorney and in about 60 days I will run out of My Section 1981 race claim but in a few days I will go exhaust my administrative remedies with the EEOC, If I decided not to wait for the EEOC to finish doing its thing(investigation,mediation,conciliation etc) and I decided to file the Section 1981 race claim in court, what are the chances I will be precluded from bringing my Title VII national origin claim even after I get a right to sue letter. I just don't want to be in a position to be fighting the same defendant on two different lawsuits at the same time. And also, at what stage will I know if I will be precluded from bringing my Title VII case to court? is it at the summary Judgment phase or at the end of trial itself if it gets there

Attorney Answers 1

Posted

You raise a very important question. The trick here is to not bring two separate civil actions. If you bring your Section 1981 claim first, and it gets dismissed on the merits, it will collaterally estop you from asserting your Title VII claim. So, I recommend you (1) file your EEOC Charge, (2) request from the EEOC a Notice of Right to Sue, (3) file your Section 1981 Complaint before the SOL expires, (4) include your Title VII claims IF the EEOC has already issued a notice of right to sue, and if not, amend your complaint to add the Title VII claims after the EEOC issues the notice of right to sue. The goal here is to get both claims into the same civil action so the dismissal of one does not affect the merits of the other.

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2 comments

Asker

Posted

U gave me more than the answer I was expecting, u guys are amazing. do I have to wait certain days before requesting the Notice of Right To Sue from the EEOC in case of mediation,conciliation etc which I know will not work based on what I have against my employer since really I will not let them just give me any offer because it will be like they getting a slap on the wrist based on the evidence that I can prove

Dean Richard Fuchs

Dean Richard Fuchs

Posted

No. You can request your notice of right to sue immediately. This does not mean the EEOC will issue it immediately, but they usually will, as they have more Charges than they can reasonably handle. Ask, in writing for your Notice of right to sue b/c the SOL is running on your Section 1981 claim.

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