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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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March 5th 2012 Just an update. After contacting my Congressman

Resolved Question:

March 5th 2012 Just an update. After contacting my Congressman Buck MacKenon, the director of EEOC in LA sent a letter stating that they had 'dropped the ball'and promiced the judge would work on it. Since then only promices of conference calls and as of today he promiced his decision, by close of business. We are not sure if this means a Summery Judgement or an actual hearing to be scheduled. I am just sick over all of this anxiety he continually causes, esp. now that I am looking for work. Any suggestions?
-Many thanks, M.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Since the ALJ is an "Article II" judge who works for the Executive branch of government (rather than an Article III judge who works for the judicial branch, you may be able to make out a cause of action against the government for a civil rights violation under 42 U.S.C. 1983. That is, you have been deprived due process by the EEOC and the judge, due to the absurdly long failure to rule.

Ordinarily, an Article III judge is immune from suit -- but, an ALJ is employed by the EEOC, so you can claim that it's not the judge, but the entire department that has violated your civil rights through its inaction.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33559
Experience: Retired (mostly)
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