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I filed my EEO case in 2012 and it took the Agency over 500 days to processes my case

Discussion in 'Discrimination & Sexual Harassment' started by cajun, Sep 3, 2017.

  1. cajun

    cajun Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I filled my case with the Agency in 2012 and it took the Agency over 500 days to process my complaint. They did not provide EEO counseling nor did they start the investigation until the 299 day.
    I have proven they have a policy that violates the law and that has an impact on a protected class. The Agency inadvertently gave it to me in a sworn statement. They violated the all the CFR in processing my complaint and the MD-110. They violated the CFR in processing my application for employment. I filed on the basis of Disability, Age, Sex and retaliation.

    The Judge ordered us to have some information in by COB on the Friday before a pre-hearing conference. I had my stuff in but the Agency password protected theirs and did not provide the password to me until the following Monday. Thus, they ineffectively served me. Had I not had my stuff in on time, the Judge would have entered a default judgement against me but she did not do so to the Agency.
    No motions were decided at the conference, the Judge ordered a settlement conference which was a bust.
    I have requested sanctions and a default Judgement for the processing of the complainant and the failure to meet the Judge's deadline.

    It has now been a little over a month since the settlement conference that went no where and I have heard nothing.

    What can I do at this point to get things moving as the five year anniversary on this case is approaching in three months!
     
  2. army judge

    army judge Super Moderator

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    You can do nothing to speed up any federal or state agency, other that write letters to your elected officials which won't speed up the process, it might make you feel better.

    I filed an EEOC age discrimination case for my father.
    It was my first case out of law school.

    It went to federal court.

    We were successful.

    Dad received a large award, but it took SEVEN years!
     
  3. cajun

    cajun Law Topic Starter New Member

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    That is fantastic that you were able to represent your father and won the case!

    I contacted an attorney and their advice was to withdraw the EEO case and ask for a final agency decision. Everyone knows the Agency is not going to ever admit that they discriminate and have an illegal policy that is discrimitory.

    The only thing I could see in their advice is that it would get me into Federal court faster. Either way, I am going to have to wait on a final agency decision.

    If I have to wait another 2 years then, hopefully the bill that is currently before congress will be in effect and charges will be brought by the OSC against the management involved.
     

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