The investigator spent much of my case time on medical leave. Denied my claim that my job discriminated against my disability and terminated me because of it. The ERD picked it up, and my initial determination is everything I claimed..they discriminated against my disability and terminated me. Now headed to the ARJ. Can something be done about the EEOC botching my investigation?
Your experience with the EEOC is not uncommon. EEOC investigators generally have very large caseloads and are often inundated with complaints. As a result, they often lack the time and resources to fully investigate complaints. While I am certainly not excusing the investigator's failure to conduct a proper and complete investigation into your complaint, I am trying to provide some context as to why your situation is not uncommon. The short answer to your question is that there is not much that you can do to address the situation other than what you have already done. When the EEOC decides that they are not going to take your case, you have two options. The first is to request that your complaint be transferred to the Equal Rights Division for investigation, which you have done. The other option is to file a federal complaint, which you can do at any point prior to your Equal Rights Division hearing. With regard to your belief that the EEOC investigator failed to conduct a proper investigation, you could file a complaint with Rosemary Fox, the acting director at the Milwaukee Office. At the very least, this will allow the EEOC an opportunity to look into how their investigators handle complaints and provide the agency an opportunity to make necessary changes. From the information that you provided, it appears that an Equal Rights investigator found probable cause to believe that your previous employer had discriminated against you based on your disability. If you have not already received a merits hearing date, one will be forthcoming. At this point, you may want to consider hiring an attorney to help you prepare for your hearing by conducting discovery. Discovery is a critical component of the ligation process and allows attorneys to investigate the facts of the case through written pleadings and depositions. While discovery is not absolutely necessary, a Complainant that does not engage in discovery goes into a hearing blind and decreases their chances of success because they have not pinned down witnesses' answers. It might be wise for you to contact several attorneys to see if they are interested in representing you in this matter. If you decide to contact an attorney to help you with your case, you should do so as soon as possible to allow the attorney enough time to properly prepare for your hearing.