passed merit assessment, assigned an investigator, she had a fact finding session, my supervisors did not show up, she didn't contact any of my witnesses so they didn't show up, so she sent the case to hartford for early legal intervention, their attorney is saying that if I don't take the 10,000 offer he is going to dismiss my case , I don't believe that figure comes close to making me whole, it doesn't hold them accountable for their actions in front of a hearing officer either which was really important to me, so, can I sue under section 1981 which gives you a longer statue of limitations and does not put a cap on the amount for retaliation and intentional infliction of emotional distress?
Depending on where the EEOC charge was filed, you can simply ask for a "right to sue" letter and proceed with the case in Federal District Court. It sounds like you are doing this pro se, which at the end of the day, could be costing your thousands in the value of your case.
As for the 1981 claim, you can bring the claim, however, Section 1981 claims are limited to race only. Ergo, sexual harassment, religion, etc are not allowed.
Good luck to you!
Herbert Tan, Esq.
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Excellent advice from Mr. Tan. You simply should not be pursuing a 1981 action or even an EEOC complaint without legal counsel skilled in that area. It is way too complicated and you are already realizing the confusing issues posed in your case. It would be well worth it to hire an attorney.
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