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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16406
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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This is regarding the process of DCOHR that investigates cases

Customer Question

This is regarding the process of DCOHR that investigates cases dealing with discrimination. Once the investigation is complete is the agency required to give me a complete report on why their determination was made and how they arrived at the decision? Assuming there was no probably cause.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

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

wallstreetfighter :

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?
wallstreetfighter :

If they did not provide you any details,

wallstreetfighter :

you need to file for reconsideration,

Customer: Oh.
wallstreetfighter :

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.
wallstreetfighter :

you can also file an EEOC complaint, asking them to review the DCOHR process and see if they violated your rights

wallstreetfighter :

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.
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

yes

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
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

That is a problem,

Customer: I thought discrimination was illegal
wallstreetfighter :

the DCOHR should investigate, I would also consider retaining a local civil rights attorney

wallstreetfighter :

to bring a discrimination suit as well

Customer: No matter what agency
wallstreetfighter :

yes

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
wallstreetfighter :

you can only bring action against an employer,

Customer: that is what I did
wallstreetfighter :

the DCOHR should investigate the matter, I would also file an EEOC complaint as wll

wallstreetfighter :

well

Customer: They should also be held accountable
Customer: I did
Customer: They said I needed to file with the EEO counselor for that agency
wallstreetfighter :

you may have to bring a lawsuit against them after the investigation.

Customer: But they told me I am not an employee
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

the contracting company who paid you is your employer,

wallstreetfighter :

so they would be liable for discrimination,

Customer: Ok, so I cannot bring a claim against the agency?
wallstreetfighter :

no because they were not the employer,

wallstreetfighter :

the contracting agency may be liable if they allowed discrimination,

Customer: they did allow it
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

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
wallstreetfighter :

that is all you can do at this point

Customer: Hire contractors
wallstreetfighter :

yes,

Customer: Was that there is such a loophole
Customer: Thank you for your insight

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16406
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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wallstreetfighter
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14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits