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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16410
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Me and 3 other ladies filed a EEO complaint against my Agency.

Resolved Question:

Me and 3 other ladies filed a EEO complaint against my Agency. The discrimination charges are similar. We dont have a lawyer because we cant afford one. We tried mediation, but the attorney that is defended the Agency wanted us to accept an offer that we refused, so now the case is awaiting to be heard by an administrative judge. We are in discovery right now. What should we do to prepare for what may happen next?

Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

Have you asked for documents from the employer?

WALLSTREETLAW :

What would you want in terms of a settlement?

WALLSTREETLAW :

Have you asked for witnesses to appear at the hearing?

Customer:

What documents should I ask my employer for? My terms of a settlement is extensive training, which was what I wasnt given the same oppotunity to get, and a promotion. I dont have an witnesses, just the other two that are involved in the complaint.

WALLSTREETLAW :

What was the complaint? discrimination or harassment?

Customer:

I am not suppose to discuss my case with anyone, but the Agency's attorney is sending letters to individuals about me, but I guess this is the procedure for the discovery. I havent mentioned it to anyone i my department, but I was told that they received something about me in reference to my case. I was shocked.

Customer:

The complaint is discrimination

WALLSTREETLAW :

gender?

Customer:

all 3 of us are females, gender was one of the charges

WALLSTREETLAW :

In terms of a discrimination case:

WALLSTREETLAW :

you should ask for the following:

WALLSTREETLAW :

1. all employment files of the employees in question

WALLSTREETLAW :

2. recent promotions and demotions of employees

WALLSTREETLAW :

3. list of salaries and compensation for employees

WALLSTREETLAW :

The above could show a pattern of discrimination, especially in regards XXXXX XXXXX

WALLSTREETLAW :

and salary differences,

Customer:

We had a couple of questions for the attorney for Agency during mediation, but not one question got answered.

WALLSTREETLAW :

You should ask all the questions needed, but requesting documents is needed,

WALLSTREETLAW :

they will have to produce them and is the best evidence in these types of hearings

Customer:

Some of this information was included in the ROI, but we dont see how it is justifiable as to how that person was promoted. Me and the 3 other ladies have been with the Agency for 25 or more years and the individual that received the promotion has only been her for 2 years. The Agency gave and pid for her some extensive training, then gave her th promotion. The job was only announced for 5 days, the Agency announcements are normally 2 weeks or more. We are simply saying that it was a preselection. Now, the Agency is simply trying to cover up the procedures that was done in selectign that individual.

WALLSTREETLAW :

you should ask for the resume of the employees picked,

WALLSTREETLAW :

and ask for the justification for the promotions,

WALLSTREETLAW :

if it can be shown that the new employee was given preference due to there gender, race or other protected civil right,

WALLSTREETLAW :

you can have a strong case

WALLSTREETLAW :

You can also ask for the names of the individuals who were in charge of the

WALLSTREETLAW :

promotion decisions,

WALLSTREETLAW :

and ask that they appear in at the hearing so you can question them

Customer:

I have those answers. They are supposes to appear at the hearing. The justification for the promotion is unjustifying. That positon has been open since 2005. The last person that was in that position retired in 2005. There was a afro american, Management Analyst in the poistion where the promotion took place, with a Masters and Bachelor' s degree and she had to relocate in order to get a promotion.

WALLSTREETLAW :

Then you should question the decision makers, and have them state why you and the others were not given the opportunity

Customer:

We feel that there was need for the position because we were all doing the same work.

WALLSTREETLAW :

at the hearing you will need to question the employer

WALLSTREETLAW :

and have them justify their decisions,

WALLSTREETLAW :

also ask for all recent promotions, and salary info and see if there is a pattern,

WALLSTREETLAW :

where male employees are paid more or promoted faster,

WALLSTREETLAW :

so you can show discrimination,

Customer:

The attorney for the Agency told us that we dont have a case because we didnt apply for job and the judge is goign to kick it out. I strongly dont believe that.

Customer:

Where do I get this information. They wont just give it to me becuase they know that I dont have an attorney

WALLSTREETLAW :

You have to ask for it, and all of you will have to testify at the hearing stating that you did apply or you never were given any

WALLSTREETLAW :

opportunity by them

Customer:

Can I go through my EEOC judge and to ask for these things, or should I ask the attorney directly?

WALLSTREETLAW :

You should ask the EEOC Judge in writing and send a written request to the attorney as well

WALLSTREETLAW :

You can look at the link above for free sample discovery requests

Customer:

The Attorney for the Agency said it too costly for the Agency to dig up files that we requested.

WALLSTREETLAW :

Than you should ask the Judge or Hearing officer for sanctions against them,

WALLSTREETLAW :

for not cooperating in the process

Customer:

Does it mean that I dont have a case because I didnt apply for the job? The Attorney for the Agency wanted to combine all 3 of our cases and let a judge in Philadelphia hear our case. Philadelphia is where the position was filled. I told her that I disagreed with that and she filed the motion anyway.

WALLSTREETLAW :

That is an issue, however you would have to claim, they never gave you or the other an opportunity to apply, as the ad was not for the two weeks as usual

Customer:

I will work on trying to get the information that I need to help my case. Thank you so much for the information.

Customer:

Have a wonderful day!

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, so we can receive credit.

WALLSTREETLAW :

Thank you

Customer:

Okay. I defintely will. Will I be able to get you again?

WALLSTREETLAW :

Yes, you can always ask for wallstreetfighter,

WALLSTREETLAW :

I will be available to answer your questions.

WALLSTREETLAW :

Good luck

Customer:

Thank you

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16410
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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WALLSTREETFIGHTER
WALLSTREETFIGHTER
Attorney
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14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney