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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am supervisor for a Transportation ageny. I have been issued

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I am supervisor for a Transportation ageny. I have been issued a EEOC Charge of Discrimination by the office EEOC. The employee said I discriminated gaainst her by saying she would be passed over for a promotion because she filed a DFEH againt the company. THIS IN NOT TRUE. I feel the employee said this to gain an advantage in the selection process. What are my options?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

First, it is important to note that there is a huge distinction between a charge being issued and an actual suit being filed.

Anyone can file a charge, and the EEOC will pursue it to determine if there is any actual validity to it.

As long as you can point to other valid (non-retalitory) reasons why the employee was passed over for the promotion, a suit against you and the company will not be successful.

I would suggest that you respond to the charge with these statements and pointing to the reasons why the employee was passed over for a promotion (if she was actually passed over for a promotion).

I hope the above information is helpful.

Please let me know if you have any additional questions.

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

The employee recieved the pormotipn. She also said in her claim that I suggested she should look for work outside then company. The employee is saying her husband is a witness to the statement. How should the company investigate this claim? Should I insist on a list of her witnesses?

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