Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
Under the DCOHR process, the agency is supposed to provide you with a determination and decision, also, under the rules, you can file a reconsideration of the decision can be submitted to OHR within 15 days of the Determination.
Customer: So, all they have to do is provide you with a pap that says "no probable" cause if that is the decision?
Customer: They won't give details?
If they did not provide you any details,
you need to file for reconsideration,
and they will have to provide you with all the information, and file,
Customer: i haven't gotten a decision as of yet. I just want to see what was done to get to that decision if that is the case.
you can also file an EEOC complaint, asking them to review the DCOHR process and see if they violated your rights
The DCOHR, has to provide you findings which are based upon their investigation
Customer: Lovely. Just wanted to ensure that I get to see what was done because I think should be able to see that information, or the file.
You would be able to do so, also, if you sue the employer for discrimination you can force the Court to provide you with the file as well.
Customer: Got it
Customer: Can I ask you another question
Customer: Or do I need to reeask
yes, you can ask
Customer: I know if an employee works for a federal agency they have to file a complaint with the EEO counselor vs eeoc
Customer: I was discriminated by an agency and my employer allowed it. This is why DCOhR is doing the investigation for my employer but cannot do it against they agency because of jurisdiction
Customer: I worked for the agency through a contracting company
you may want to file an EEOC complaint as well,
Customer: I have no recourse with the agency because they are their own entity
Customer: The administrative office of the us court
Equal Employment Opportunity Commission (EEOC)
Washington Field Office
1400 L Street, N.W. Suite 200
Washington, D.C. 20005
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>
Customer: They are different from other federal agencies
That is a problem,
Customer: I thought discrimination was illegal
the DCOHR should investigate, I would also consider retaining a local civil rights attorney
to bring a discrimination suit as well
Customer: No matter what agency
Customer: They made it seem like there was nothing I could do
Customer: Because I wasn't their employee
Customer: There shouldn't be a loophole
you can only bring action against an employer,
Customer: that is what I did
the DCOHR should investigate the matter, I would also file an EEOC complaint as wll
Customer: They should also be held accountable
Customer: I did
Customer: They said I needed to file with the EEO counselor for that agency
you may have to bring a lawsuit against them after the investigation.
Customer: But they told me I am not an employee
are they claiming you were a 1099 contractor?
Customer: My claim with DCOHr was crossed filed
Customer: Not sure if I was a 1099 contractor
Customer: That wasn't mentooned
were you paid a w2?
Customer: Way do u mean did i get a w2
Customer: All I know is my contracting company paid me
a regular pay stub with deductions or were you paid cash or check with no deductions
Customer: Regular pay
Customer: Deductions taxes state federal
Customer: Blah blah
the contracting company who paid you is your employer,
so they would be liable for discrimination,
Customer: Ok, so I cannot bring a claim against the agency?
no because they were not the employer,
the contracting agency may be liable if they allowed discrimination,
Customer: they did allow it
then it may be better to file a complaint against the employer
Customer: I went to the agency location everyday and the agency gave me the work to do
Customer: It's so confusing
If you were paid by the contractor they are your employer
Customer: Then in an EEOC article it states that the agency would also be responsible based on certain criteria
you should file against the employer if you have not already
Customer: I already did
Customer: So this is how the government gets away with discrimination
that is all you can do at this point
Customer: Hire contractors
Customer: Was that there is such a loophole
Customer: Thank you for your insight