Anonymous
Post 03/08/2020 15:31     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.


Yes, EEOC can prosecute but most often assesses complaint to make certain allegation if proven is a violation of law, then grants right to sue. Most good employment attorneys turn down many prospective clients because what they allege is not actually violation of any law. If you make it through intake interviews with law firm, where they assess basic merits of your allegation, and they want the case that means they think they can be successful. They don't want your case if it's weak. Employers hope you won't go to attorney. Go to one and get an assessment of your potential case. In take interview process is free. If they take the case, then you pay, perhaps just for one hour consultation to begin with.
Anonymous
Post 03/07/2020 17:04     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:NP here. I have a colleague who has been harassed and intimidated. He's documented the situation well; however, he can't find a lawyer to represent him. He could make it an EEOC situation (he's in a protected class) but it would be a stretch as there's no evidence he's being harassed because he's a member of a protected class. His options seem to be pretty limited. Management has turned a blind eye and HR gaslights him. He's hoping for mediation, at most. It's a very bad culture. His best bet would be to find a new position at another agency. He's hoping to retire in two years, though, and doesn't want to have to start fresh at a new place.


This is how you know he doesn't have a strong claim. There are tons of plaintiff lawyers who will jump on anything that stands a chance. If lawyers are passing, he likely doesn't have a case.
Anonymous
Post 03/07/2020 16:56     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:Employment attorney here. If you want to guarantee mediation, and you're in the private sector, you need to file with the DC Office of Human Rights vs. the EEOC. It's mandatory at the DCOHR.


The company (private) is in VA
Anonymous
Post 03/07/2020 15:21     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Employment attorney here. If you want to guarantee mediation, and you're in the private sector, you need to file with the DC Office of Human Rights vs. the EEOC. It's mandatory at the DCOHR.
Anonymous
Post 03/07/2020 14:58     Subject: Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:Jeez, now you all are making me seem nuts. I consulted with an employment law firm but they want a $6k retainer plus 1/3 of any monies recovered. I’m not sure I want to spend thousand for representation but do honestly feel as though their is systemic age discrimination in the company.

If it’s systemic, then find others to join you in the complaint that is filed. That will be your best bet. And read up on the Feds ignoring the blatant age discrimination occurring at IBM for years.

https://features.propublica.org/ibm/ibm-age-discrimination-american-workers/

https://www.propublica.org/article/ibm-accused-of-not-disclosing-ages-people-40-and-older-laid-off
Anonymous
Post 03/07/2020 14:55     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:NP here. I have a colleague who has been harassed and intimidated. He's documented the situation well; however, he can't find a lawyer to represent him. He could make it an EEOC situation (he's in a protected class) but it would be a stretch as there's no evidence he's being harassed because he's a member of a protected class. His options seem to be pretty limited. Management has turned a blind eye and HR gaslights him. He's hoping for mediation, at most. It's a very bad culture. His best bet would be to find a new position at another agency. He's hoping to retire in two years, though, and doesn't want to have to start fresh at a new place.

Every human is a member of a protected class.
Anonymous
Post 03/07/2020 14:42     Subject: Any Luck w/ U.S EEOC Filing ?

Jeez, now you all are making me seem nuts. I consulted with an employment law firm but they want a $6k retainer plus 1/3 of any monies recovered. I’m not sure I want to spend thousand for representation but do honestly feel as though their is systemic age discrimination in the company.
Anonymous
Post 03/07/2020 14:31     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:NP here. I have a colleague who has been harassed and intimidated. He's documented the situation well; however, he can't find a lawyer to represent him. He could make it an EEOC situation (he's in a protected class) but it would be a stretch as there's no evidence he's being harassed because he's a member of a protected class. His options seem to be pretty limited. Management has turned a blind eye and HR gaslights him. He's hoping for mediation, at most. It's a very bad culture. His best bet would be to find a new position at another agency. He's hoping to retire in two years, though, and doesn't want to have to start fresh at a new place.


Is your colleague a federal employee? If so, you should tell your colleague that the EEO process is completely different for federal employees.
Anonymous
Post 03/07/2020 14:16     Subject: Re:Any Luck w/ U.S EEOC Filing ?

NP here. I have a colleague who has been harassed and intimidated. He's documented the situation well; however, he can't find a lawyer to represent him. He could make it an EEOC situation (he's in a protected class) but it would be a stretch as there's no evidence he's being harassed because he's a member of a protected class. His options seem to be pretty limited. Management has turned a blind eye and HR gaslights him. He's hoping for mediation, at most. It's a very bad culture. His best bet would be to find a new position at another agency. He's hoping to retire in two years, though, and doesn't want to have to start fresh at a new place.
Anonymous
Post 03/07/2020 13:49     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.


Have you had any luck with suing for punitive damages?


It is very rare to get punitive damages. Most cases settle for some amount related to the former annual salary. A range from one month of pay to sometimes 18 months of pay for a good case.

Most title vii/ada/adea employment cases lose. That’s why the employer side attorneys think they are so good. It’s really hard to beat summary judgment. And employment plaintiffs have a range of their own problems. Some of course are wronged, but a lot of them just seem crazy and angry and are horrible clients.


I should note I am not the person you responded to, I should also note most federal judges hate employment discrimination cases and often say they won’t be an HR department. I used to have some idealism in this area of law, but so many employment plaintiffs seem nuts. It’s a real turn off.


Third employment lawyer here and yeah, so many employment plaintiffs are nuts. I do it on the federal side and there are a lot of crazy people. Of course there are also people who are truly wronged but there are lots of people who reflexively file an EEO claim if their manager looks at them sideways. Sometimes there are honest miscommunications between the employee and management. Sometimes people flat out lie or are delusional.
Anonymous
Post 03/07/2020 10:39     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.


Have you had any luck with suing for punitive damages?


It is very rare to get punitive damages. Most cases settle for some amount related to the former annual salary. A range from one month of pay to sometimes 18 months of pay for a good case.

Most title vii/ada/adea employment cases lose. That’s why the employer side attorneys think they are so good. It’s really hard to beat summary judgment. And employment plaintiffs have a range of their own problems. Some of course are wronged, but a lot of them just seem crazy and angry and are horrible clients.


I should note I am not the person you responded to, I should also note most federal judges hate employment discrimination cases and often say they won’t be an HR department. I used to have some idealism in this area of law, but so many employment plaintiffs seem nuts. It’s a real turn off.
Anonymous
Post 03/07/2020 10:36     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:
Anonymous wrote:I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.


Have you had any luck with suing for punitive damages?


It is very rare to get punitive damages. Most cases settle for some amount related to the former annual salary. A range from one month of pay to sometimes 18 months of pay for a good case.

Most title vii/ada/adea employment cases lose. That’s why the employer side attorneys think they are so good. It’s really hard to beat summary judgment. And employment plaintiffs have a range of their own problems. Some of course are wronged, but a lot of them just seem crazy and angry and are horrible clients.
Anonymous
Post 03/07/2020 10:32     Subject: Re:Any Luck w/ U.S EEOC Filing ?

Anonymous wrote:I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.


Have you had any luck with suing for punitive damages?
Anonymous
Post 03/07/2020 09:07     Subject: Re:Any Luck w/ U.S EEOC Filing ?

I do employment law. The EEOC chooses to prosecute a tiny, minuscule number of charges. Most of the time, they give the person making the charge a right to sue letter, which means you need to find your own attorney.
Anonymous
Post 03/07/2020 08:56     Subject: Any Luck w/ U.S EEOC Filing ?

Has anyone (Victim/plaintiff or employment lawyer) had a successful outcome as a result of a discrimination filing with the U.S. EEOC? If so, how long did the process take, did you have to go to court or mediation, and what was the outcome?