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I filed a Federal claim of age, race, and gender discrimination…

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I filed a Federal claim...
I filed a Federal claim of age, race, and gender discrimination via a hostile work environment (i.e. ongoing harassment, including diminishing duties, isolation, disparate treatment...). Upon filing, shortly after I was placed under increased scrutiny, my office and staff relocated (while the work remained at the original location). The purpose of the move was stated to increase interaction with other staff, however, this is not borne out. In practice, I go to the new location essentially to sign in/out under the watchful eye of the secretary, and now must send an email daily to remind my supervisor my work is off site at the original location (now dubbed "the shop" by management). Employees do not interact with me, and in fact on the first day at "the office" that my supervisor was out, a colleague came into my office, shut the door and began a conversation with, "please don't feel bad if no one talks to you". The following day when I returned to the office, I found her in tears after having been attacked by the supervisor. She felt positive it was because she had been seen going into my office and it had been reported. I contacted EEO about filing for retaliation after this and a week of daily counseling emails falsely accusing me of various 'indiscretions'. I was told NOT to file a new claim of retaliation, but to AMEND my original complaint, which I did. My original formal complaint was filed on January 11, 2010, however I have not gotten any word except in March when I was told it had not been assigned yet. When I call the intake person assigned, she tells me that she is no longer working on it, that it has 'gone to the next step' and I should call the main number. When I call the main number, they refer me back to the intake person. I heard through the grapevine that the EEO office does not take the complaint seriously. On April 29, my supervisor agreed to let me go on a detail. I was asked to provide recommendations for managing the work load while I would be on detail. On June 4, my boss wrote to tell me the detail needed to be delayed one week because she had not spoken with the detail supervisor; she also cut it short by two weeks despite the fact that the detail supervisor had originally pitched a longer detail to accommodate his needs, he even agreed to let me come back as needed. My boss declined, and then shortened it further on June 4. On June 9, I introduced my boss to the detail supervisor's chief to facilitate the conversation. A few hours later the detail chief sent me an email stating my second line supervisor had contacted her and the detail was now delayed indefinitely. I soon got an email from my boss stating the reason for this delay was "severe impact" on the program. I don't know what changed over the weekend, and had not turned in my recommendations yet. I shared my disappointment in not participating in the decision as asked, (part of my EEO complaint is that I have been cut out of decisions, my managerial duties stripped, etc. however held accountable for consequences of their decisions and accused of insubordination when seeking clarification or providing recommendations as asked and per a critical performance element). My boss encouraged me to submit my recommendations anyway, so I did. Now suddenly the meeting to discuss them has dropped the original participants and been elevated to a solo discussion with my boss and the second line (who is the most abusive). I contacted Cooperative Resolution to assist, because the worst harassment has occurred at the hands of the second line. Have I weakened my retaliation claim by amending rather than filing a new claim? Does the amendment give the Agency more time to respond? Should I go the next step because it has been 180 days? Can/Should I file a new claim of retaliation for the way they are jerking me around for the detail? THANKS.
Submitted: 8 years ago.Category: Employment Law
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Answered in 4 hours by:
6/22/2010
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,829
Experience: 20+ Years of Employment Law Experience
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Your next step is to contact the EEOC if they have had the claim for 180 days and ask for a right to sue letter and proceed to court and file your discrimination and retaliation suit against the employer. Under the law, if the EEOC does not complete their investigation in 180 days for whatever reason, then you have the choice to allow them to complete the investigation or to ask for a right to sue letter and go to court.


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Customer reply replied 8 years ago
Thanks for your response, however general information on the process after 180 days is available online as well.

Thanks
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
I do not know what more you need unless you tell me. The fact remains that if they have had the claim and are not moving on it then ask for your right to sue letter and get an attorney to file suit within 90 days of the date of the right to sue letter to force your claim to move along through the courts if you do not want to wait on the EEOC.
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