Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.
That being said, you cannot 'get around' the EEOC. The EEOC will issue you a 'right to sue' letter after 1 year, regardless of whether they have finished their investigation or not. They will not have finished; I have had cases languish for 6 months before they were even docketed by the EEOC, let alone investigated.
Getting a right to sue letter before the 1-year time limit is sometimes possible, but if it is due to your lack of cooperation or refusal to take part, you will potentially lose your right to sue because you have an obligation to take part in the EEOC process.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Bala Cynwyd, PA 19004
You may have a section 1983 case and there is no requirement you go to the EEOC. Typically, you must go to the EEOC with most cases of discrimination and wait a period of time for a "right to sue" notice. I would be glad to talk to you: 610-594-1600.