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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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do i have a right to know if a harassment eeo claim was made

Customer Question

do i have a right to know if a harassment eeo claim was made against me, or if my company is making this up
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
An employee has a right to inspect his/her personnel file. Labor Code 1198.5. However, an employer is not absolutely required to place a copy of a harassment claim in the employee's file. So, while you can get access to your records, you may not actually find what you're looking for.

In order to obtain a copy of the complaint from the California Department of Fair Employment (DFEH) and Housing or the federal Equal Employment Opportunity Commission (EEOC), you would have to file a Freedom of Information Request with the EEOC, or a Public Records Request with the DFEH.

It can sometimes take weeks, months or even years to obtain these types of records, unless you actually file a lawsuit against the employer for defamation of character, and then subpoena the relevant records as part of the lawsuit.

If your reputation is being seriously damaged (as might be the case with a celebrity) then this may be a viable option. Otherwise, you are probably wasting your time.

For a civil litigation attorney referral, see this link.

Hope this helps.

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Customer: replied 5 years ago.
How can I obtain a copy of the eeoc claim that was made against me? I am trying to see if this was really filed or not. It seems like it may have been, but also seems like it may have been used as a scare tactic for me to divulge personal and private information
Expert:  socrateaser replied 5 years ago.
The only way to get a copy of the claim is to file a freedom of information request with the EEOC. See this link.

However, if there were a real claim against you, and the claim has any merit, then you will be investigated by the EEOC, and/or charged with a violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act.

So, you would know if you were being investigated. It won't be hidden from you.

Hope this helps.

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