Awaiting Summary Judgement decision in a EEOC case

Discussion in 'Employment, Labor, Work Issues' started by Epiphany01, Feb 14, 2013.

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  1. Epiphany01

    Epiphany01 Law Topic Starter New Member

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    EEOC Case: On August 9, 2012 the moving party submitted a motion for summary judgement before the Judge. The complainant was given up to Oct 1, 2012 to respond. Complainant responded on Oct 1, 2012.

    Question: It has been just over 6months since the motion was sent forth. Is there a general time frame in which the administrative judge issue a decision as to hold a hearing or issues a judgement.

    Question: Are there any legal actions, and or motions one can take to receive a decision from the administrative judge, without angering the judge?
     
  2. Betty3

    Betty3 Super Moderator

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    Generally there is not more than 6 months before a decision is made but per my information it could take longer. There is really no time limit where a judge has to make a decision.
     
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  3. lda01

    lda01 New Member

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    Last year I was contacted by a former employer on an EEO case in CA that was filed in 2007. The wheels of justice turn slowly...except when they don't turn at all.
     
  4. Betty3

    Betty3 Super Moderator

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    Yep, my info said it can depend on the case & how busy they are. .... but 2007! (better late than never I guess)
     
  5. lda01

    lda01 New Member

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    I recently received a Notice of Charge from the EEOC, the complaint had been filed in Aug. of last year. The Notice said I would receive a Formal Charge within 60 days. The last page in the stack of papework was a Notice of Dismissal generated the same day as the Notice of Charge. It took them 6 months to address the charge, but it appears that they immediately decided (correctly) there wasn't any merit to it. Go figure.
    FYI: the employee who filed the charge retired late last year.
     
  6. Betty3

    Betty3 Super Moderator

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    I guess we could say, in order words, it's hard to say when any individual case will get a decision.
     
  7. Epiphany01

    Epiphany01 Law Topic Starter New Member

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    Ida01
    thank you for your previous response(s)but why are you still emailing me about this???? First you said that this was an EEO issue back in 2007 now in this recent email your saying it was last year when this charge was filed with EEOC.

    Are you aware that there are two separate governing entities. EEOC is for Federal Agency and EEO is for all non Federal agency example private employer.

    Further more I was speaking in context to administrative Judicial practices. Looks like your referring to EEO practices (apples and oranges) they may both be fruits but that's the only commonalities the have.

    Once again I thank you in advance for your ???????
     
  8. Betty3

    Betty3 Super Moderator

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    I think Ida01 was just saying it can take some time to get a decision - just using examples. In your case with the EEOC, it's hard for us to say how long it will take because we don't know - hopefully you will hear something soon but you may not. Good luck. (The EEOC info does note they try for 180 days but it's not always possible depending on the case & how busy they are/the judge is.)
     
    Last edited: Feb 15, 2013
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