The Freedom Of Information Act Case Report

     If an employee alleges discrimination in the workplace, they may file a complaint with the EEOC. As the claims process furthers, the EEOC will move forward and file suit in federal court if reasonable cause is shown and no conciliation is made between the employer and employee. If no reasonable cause is shown, the EEOC will send the employee a right to sue letter. In alleging discrimination, it is important for both parties to be aware of the theories by which a lawsuit may be brought. A discrimination lawsuit must fit under disparate treatment or disparate impact in order to be recognized under Title VII.

not transferred to countries outside European economic area unless country has adequate protection for the individual

The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.

Marcus Ashmore and Terrell Lee Green were maintenance workers for J.P. Thayer Co., Inc. under supervisor Gene Fye. After a particular incident of harassment on January 16, 2001, Plaintiffs reported Fye to Tricia Johnson, the Assistant Property Manager. At this time, Johnson did nothing about the complaint. The harassment continued, and on January 26, Plaintiffs complained to the Property Manager, Mary Frances de Rivera. In response, de Rivera verbally reprimanded Fye. This, however, did not stop Fye’s harassment. Instead of reporting the behavior to Defendant, Plaintiffs hired an attorney who wrote a letter to Defendant saying that Ashmore and Green were going to file charges of discrimination with the EEOC. On February 22, Fye was fired by Defendant. This came three days after getting the letter and about a month after the initial harassment complaints.

On August 19, 2008, Mr. Contonius Gill filed a Charge of Discrimination with the EEOC claiming race discrimination and retaliation for being discharged for complaining about racial harassment. On August 10, 2008 Mr. Gill filed an Employment Discrimination Complaint with the North Carolina Department of Labor. On June 2011, the U.S Equal Employment Opportunity Commission (EEOC) filed a single complaint alleging that Mr. Gill, plaintiff, was subjected to a racially hostile environment from May 2007 through June 2008, pursuant to Title VII of the Civil Rights Acts of 1964 and Title I of the Civil Rights Act of 1991. The matter was filed against A.G. Widenhouse, defendant.

the retaliation is for filing the agency complaint itself.” 245 F.3d at 6. Similar to Clockedile, where retaliation consisted of relocation pending investigation, the retaliation in Plaintiff’s case also happened during the EEOC investigation. Id. at 2-3. Pl.’s Compl, ¶25-26, Jan 11 2016. Additionally, Plaintiff’s case is even more compelling, as the retaliation consisted of actual termination, and the court in Clockedile considered relocation to a worse place enough to meet the standard. Id. While this case was decided just a little before Morgan, the First Circuit upheld the same standard years after Morgan in Franceschi by ruling that “a claim of retaliation for filing an administrative charge with the EEOC is one of the narrow exceptions to the normal rule of exhaustion of administrative remedies” and may be “bootstrapped” to the charge/s filed prior. 514 F.3d at 86-87. The plaintiff in Franceschi did not exhaust their administrative remedies on the first charge as they did not wait to receive the right-to-sue letter before suing; however, the Plaintiff meets the standard as they sued for retaliation after exhausting their remedy by receiving the right-to-sue letter on the charge filed. Id. at 86-87; Pl.’s Compl, 5-8, Jan 11,

Give both parties a chance to tell their side of the story. It is important in the investigation process that it is free of bias. Also the employer wants avoid retaliation or any adverse action against the employee that filed the complaint (Bethel University, 2016). After the investigation is complete the employer will still need to closely monitor their efforts to remedy harassment (Walsh, 2013).

165). The EEOC’s main job is enforcing the federal laws that were put in place for unlawful employment actions. When a claim is filed the EEOC will first try mediation but both parties have to accept this option before it can happen. If mediation is not an option the EEOC then has to start their investigation which will involve questioning employees. If the EEOC feels the claim is true they will then try to get the employer to change their ways and if they feel the claim is false they will send out a right-to-sue- letter. Claims filed against government agencies go straight to the attorney generals and if there is a local law in regards to the complaint made then the claims has to first be filed with the state then the EEOC. Since the EEOC was established there have been thousands of cases filed and surprisingly retaliation tends to be the top reason people file claims, racial discrimination is a close second though. Retaliation can sometimes occur when an individual files a complaint against the company they work for, this can obviously make a company look bad and some managers react in ways they shouldn’t. It is important to still always file claims against wrongful employment acts/discrimination regardless of what may come after you do; you also only have 180 days to file a claim with the

rally, if mediation and conciliation were unsuccessful, under the law, the claimant is still entitled to a trial de novo (new trial) After the EEOC issues a Letter of Determination and a Notice of Right to Sue; the claimant may file the case in Federal District Court. There, he or she can add new evidence, eyewitnesses, and testimonies; as if there had been no previous investigation. Importantly, the Supreme Court holds, because the EEOC is not subject to state statutes of limitation; therefore the claimant's suit does not have to be filed in court within180 days (6 months) after the claimant files the initial charge(s). However, the claimant must file their suit in District Court within 90 days; after receiving the EEOC Determination and

　　The Court should follow the First and Fourth circuit holding. Whether the retaliation occurs after filing an EEOC charge or is the culmination of retaliatory conduct alleged already in a prior EEOC charge, “a plaintiff should be excused from exhausting claims alleging retaliation for the filling of a previous EEOC charge” mostly because they “would be expected to be gun shy about incurring further retaliation after an additional EEOC charge.” 551 F.3d at 302. The court in

The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriff's division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with "discovery "when the company or defendant responds. The "discovery" stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005).

▪ Talk to your employer. Your company may have an equal employment opportunity officer or a way for you to file a “complaint.”

When an employer is approached and informed of a grievance filing the first step should be to

I wanted to file a complaint about Carlos, a worker at Breadmasters who has shown he is not a good fit for his job. He has a thirst for drama and I have witnessed his want of instigating problems within the workplace. On August 16, 2017 I was a victim of his cruelty and rudeness. When we were in a meeting, he had accused me of using my handphone and not paying attention, which both were proven as false accusations. As the meeting continued, he had brought up a problem that had nothing do with me, but I opted to jump into my co workers defense. We had been given permission to bring in closed water bottles to the workplace and leave them in an isolated corner with the condition that we will wash our hands every time we had contact with these water bottles. I just wanted to clear the fact that we were not doing this out of our own rebelliousness like the Carlos made us feel. I politely wanted to defend our case, he did not want to hear it and shut me up very rudely. I refused to stay quiet because he had leveled up the situation into a problem I did not want to create and I again wanted to clear that I had nothing against him, I just wanted to reference the fact that we were given permission. He continued to tell me to “Be quite.” At some point he also accused me of being “passive agressive” when the whole time I was trying to be respectful and polite, and he was the raising his voice at me and borderline yelling at me. His voice kept on elevating and I will never forget that