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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I filed a discrimination charge with the EEOC in San

Customer Question

I filed a discrimination charge with the EEOC in San Francisco over 2 years ago based on age and ethnicity. There still has been no action on my case and it is difficult to get an answer. Now I'm told the case still has not been assigned. Do I have any recourse civilly and legally?
Submitted: 1 year ago.
Category: California 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.

The EEOC is extremely underfunded and backlogged, and so it can take them a very long time to complete their investigation process. To speed things up, your recourse is to request a "right to sue" letter. The EEOC will typically give these upon request if you have made allegations which, on their face, constitute a violation of anti-discrimination laws. With your right to sue letter, you can then retain a local attorney and immediately sue in civil court.

In all honest, even if the EEOC did conduct an investigation, this is probably the route you would have to go anyway. The EEOC only actually "prosecutes" a small fraction of the claims that are filed with it. Mainly what the EEOC does is investigate and attempt to mediate a settlement. You do not need to wait for the EEOC to do that. Your lawyer will do that in the course of your civil lawsuit. See here to find a lawyer in your area who can help.

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.
I already received the right to sue letter, but declined to sue because I thought the EEOC would handle it at their level rather than waiting for years for a civil suit. So I now believe the statue of limitations have passed for me to file a suit. So I assume I am up the proverbial creek without a ladder on this instance.
Customer: replied 1 year ago.
Am I entitled to another answer?
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply. Sorry to be the bearer of bad news, but a claimant must file their lawsuit within 90 days of receiving their right to sue letter. The right to sue letter should have itself specified this. After 90 days, any claim based on the facts you alleged in your EEOC complaint would typically be time barred, meaning that you are now legally prohibited from suing on the basis of those facts.

Your only hope would be if you are still an employee for this employer and new instances of discrimination occur. Then, it might be possible to sue on the basis of the new instances of discrimination and include the old instances on the ground that the old instances "relate back" to the claim that has not yet lapsed.

I hope this clarifies things, and I am truly sorry I can't provide better news.