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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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Fresno EEOC apparently has a complaint related to myself from

Resolved Question:

Fresno EEOC apparently has a complaint related to myself from 2008, unknow as to what but the State Dept I work for is unfairly keeping me from a promotional position due too my name being mentioned. This I was told by my supervisor in Sacramento with no other reason even after I requested a formal response. I don't know who to get any advise or assistance from.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Did someone file a complaint against you with the EEOC in 2008? Can you think of a reason why a complaint would have been filed and who may have filed it?

 

What question do you have regarding your situation?

Customer: replied 1 year ago.

I believe one more of my co-workers filed a complaint at that time. I was an Investigator with the Department of Developmental Services at the time and my Supervisor along with 4 other investigators filed Federal EEOCcomplaints against the Department in 2008. Two other investigators along with myself did not file and were signeled out. So I don't know or am I aware if one was filed against me or if I was just named in the action, as of yet I have not been informed, just that my name was mentioned as per my Supervisor. I have since then in Feb of 2010 been promoted to Lieutenant, but now there seems to be an issue regarding a promotional position. My question is, can I take legal action either against my Dept. or EEOC. I am 59 years old am hispanic and a disable vet. Not that it makes a difference I just feel I am being treated unfairly. The position is being offered to a SGT I am supervising where I work and a different promotional position to a SGT to another state facility which I had also requested to transfer to if the issues related were involving suborniates were I am employed . Both of the SGT's are under my supervision, yet one of them is being placed as my supervisor.

Customer: replied 1 year ago.
,

I believe one more of my co-workers filed a complaint at that time. I was  an Investigator with the Department of Developmental Services at the time and my Supervisor along with 4 other investigators filed Federal EEOCcomplaints against the Department in 2008. Two other investigators along with myself did not file and were signeled out. So I don't know or am I aware if one was filed against me or if I was just named in the action, as of yet I have not been informed, just that my name was mentioned as per my Supervisor. I have since then in Feb of 2010 been promoted to Lieutenant, but now there seems to be an issue regarding a promotional position. My question is, can I take legal action either against my Dept. or EEOC. I am 59 years old am hispanic and a disable vet. Not that it makes a difference I just feel I am being treated unfairly. The position is being offered to a SGT I am supervising where I work and a different promotional position to a SGT to  another state facility  which I had also requested to transfer to if the issues related were involving suborniates were I am employed . Both of the SGT's are under my supervision, yet one of them is being placed as my supervisor.  

Expert:  Joseph replied 1 year ago.
Hello.

Unfortunately, you wouldn't have any basis for a lawsuit against the EEOC or the employee who made the complaint, since EEOC investigations are privileged under the law.

However, if you believe that you are being discriminated against on either the basis of your face, your age, and/or your disability, you should file a complaint against your employer with the the Department of Fair Employment and Housing and/or the EEOC.

You can file a complaint with the DFEH using the instructions online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm


You can file a charge with the EEOC using the instructions available online here:

http://www.eeoc.gov/employees/charge.cfm

The DFEH and/or EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer through a private attorney.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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