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If I feel my complaint about workplace discrimination is being ignored by EEOC, what can I do.

New York, NY |

my EEOC investigator is basically telling me, if I dont have emails or something visable, to prove my being discrimination by both my employer [NYSOMH] and my union [PEF]; I am basically being told, there is nothing to prove I am being discriminated against, especially because I am white.

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Attorney answers 2

Best Answer

You should request your right to sue letter from the EEOC investigator handling the claim. Just because the EEOC doesn't want to pursue the claim for you doesn't mean you can't retain private counsel to pursue on your behalf. My experience is that the EEOC only wants to pursue the claims for you that can become class actions, large groups of plaintiffs, or the most easy claims that are investigated. Their decision to accept the claim doesn't mean the claim is without merit.


If it's been six months or longer since your complaint, you can ask for a right to sue letter. However, you will have the same problem if you bring suit. What evidence do you have that discrimination occurred. If you don't have evidence regarding the discrimination, the employer will file a motion for summary judgment to have the case dismissed. If this occurs, you won't get to a trial.