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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer has told me that I was named in a discrimination

Customer Question

My employer has told me that I was named in a discrimination complaint by another employee filed with EEOC. I have not been contacted by anyone regarding this complaint. How do I find out if this is true?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

EEOC complaints are just administrative complaints that trigger investigations. They are not lawsuits, and no judgment can be entered against you simply as the result of an EEOC complaint. That said, if you were named as a respondent in an EEOC complaint you would have typically been mailed a copy of the complaint and contacted directly by the EEOC, just as your employer has been. Therefore, when your employer says you were "named," they likely mean that you were mentioned in the complaint but the complaint is not naming you as a responsible party--a respondent.

EEOC complaints are not public record so you cannot simply request a copy from the EEOC. You can ask your employer to provide you with a copy of what they received, but they would typically be under no legal obligation to comply. If you are named in ANY capacity in the complaint (a witness, actor, respondent, etc.) they EEOC will probably be contacting you as part of its investigation. That is likely the channel through which you will find out what's going on here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Customer: replied 1 year ago.
My employer told me he settled the case through mediation and the girl involved had a lawyer. I told him I wanted to be present to defend the charges. He did not allow that and he refuses to give me the paperwork. I am a Senior Executive here and I'm wondering if there were any charges at all. Can I get any information from EEOC?
Expert:  Patrick, Esq. replied 1 year ago.

I'm not sure I understand what you mean when you say you want to know if there were any "charges." Can you explain?

Customer: replied 1 year ago.
My employer keeps referring to my being at fault for an EEOC claim filed against the company yet give me not proof. Is there any place I can get information regarding the supposed complaint?
Expert:  Patrick, Esq. replied 1 year ago.

Thank you. Unfortunately, there is nowhere you can get this information, as EEOC complaints are not public record. If you were actually named in the EEOC complaint as a respondent, you would have been contacted by the EEOC directly. You did not have a right to be present or defend against the charges brought against your employer, even if you were accused of doing something improper in the complaint against your employer.

Unfortunately, there is nothing you can do about being blamed by your employer. Your employer would be free to blame you even if you weren't named at all. They are not required by law to be fair in their assessment or to provide you with support for why they believe what they do.

All you can do is try to move past this. Demanding that your employer produce EEOC documents for you is only bound to make the situation worse, I'm afraid.

I hope this clarifies things. Again, please feel free to let me know if you have any further concerns.

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