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Thread: Any tips on how to combat Employer's Position Statement

  1. #1


    I got my position statement today from my employer regarding racial discrimination and retaliation. They basically denied all my allegations and the EEOC investigator wants me to submit direct evidence that the employer was indeed racially motivated and to prove that I suffered an adverse action. The investigator is aking me to submit all of this to her by a certain time frame. She also asks me to declare if I'm interested in a settlement, in my reply to the employer's position statement. For all of those that went through this step, are there any tips you can give me based on your experience on how to fight back their statements before i proceed? In the letter, the investigator also said that if she finds no evidence, she will issue me an RTS letter in bringing this to federal court, if I decide to. I currently don't have a lawyer and can't afford one.

  2. #2


    I'm not surprised that they LIED since that's pretty much what all these ABUSIVE employers do. My friend that still works in hell received her Right To Sue letter as well as a phone call from the EEOC investigator letting her know that her employer DENIED ALL HER ACCUSATIONS which was such a HUGE lie and very easy to prove.

  3. #3


    Racial discrimination is so very hard to prove. Unless the perpetrator admits it straight up, it's like trying to climb a flag pole with greased hands. The retaliation is easier to prove because of the adverse treatment you've received after you had complained to HR about the racial discrimination. If you had documented (e.g. your supervisor's damming e-mails) each incident so far, you should include a copy with your reply to the EEOC investigator. If you had witnesses (i.e. co-workers) to the racial event, if they're willing to sign and swear an affidavit, then you're fortunate.

    The EEOC loves to "mediate" a so called reasonable settlement. "Reasonable" is defined as the minimum amount of money your employer and the EEOC feel would make your complaint go away. You're not going to become rich that way. Attend the mediation session with the view that you'll turn down the meager settlement offer because you're a person of high values and principles. Take your chances that the EEOC will find in your favor. If not, take the EEOC's RTS letter to a good employment attorney.

  4. #4


    I already tried to go through mediation, employer rejected it. Now I'm in the stage of providing a rebuttal to company's position statement to my allegations, I already find some loop holes.

    I'm trying to prove racial discrimination by providing an organization chart of the racial make up of that group and also a power point presentation from the company VP of how they view certain races. Unfortunately, I belong to that race they talked about in the document. I don't know if that is enough to prove their motives that they are racist.

    My supervisor has not and will not write anything, everything is done verbally. If I ask a question by email that could possibly incriminate the company of something, he will not reply to the email. He will only reply, not by him voluntarily coming to me to give his answer verbally, I have to come to him and follow up on the answer, that's how strategic it is at this point for him. They will not, at any cost, write email. Only emails I receive from him are things related to work and getting work done.

    The settlement was included in the statement by the EEOC investigator asking me if I would like to request it from the company. The settlement has nothing to do with the mediation, since mediation failed.

    The way they responded to allegations was more like a "no, we didn't do that, prove it" kind of answer. But in some answers, even though they wrote it in that way, it was a lie in some areas. IN other areas, they came up with last minute explanations on why they did what they did, and the answer they gave was not the same answer they gave me during the company internal complaint and investigation process. So I'm already seeing some inconsistency.

    Should I, at this point, request my personnel file? Or should I wait after I get my performance reviews for 2011?

  5. #5


    Simple answer to your question. Write your rebuttal giving your side of the situation and insure you leave nothing out. When you request the settlement you are looking for be realistic and not over bearing!

    Look for everything you do to be denied by the employer and just complete the process as it is required by law for you to do, if you intend on going further say federal or even state law suit wait out the 180 days for the RTS and in the mean time seek legal councel as you will need it.

  6. #6


    Of course your employer is going to deny all wrong doing. The position statement that my employer sent in response to the case that myself and the only other female employee filed, I believe only helped us because they contradicted themselves many times over in it. One paragraph stated that (we) the females never requested further training and two paragraphs later, they stated that Our request for further training was never denied (just one example of many).

    Read their position over carefully and look for those kinds of discrepencies. Tell your side and refer to documented instances when and if you can. In my response I brought attention to the descrepencies in the position statement. ie. Page one paragraph 3 the employer stated ..... However on page three they stated .... which is the complete opposite from the statement on page one paragraph 3. I just wanted to make sure it wasn't ovelooked.

    Yes! request your files. When I received mine there were things whited out, pages missing. Thank goodness I kept copies of all reviews and memos and any piece of paperwork from the company on my own prior to requesting my files, So then I had proof that they tampered with my files. ( because I had copies of the originals) I requested my files early on because I had a gut feeling, and that gut feeling was right on the mark.

  7. #7


    I agree and request the personnel file ASAP but don't be surprised if they have *cleaned* it.

  8. #8


    You will need to show PRETEXT or that the reasons stated by your employer are pretext to hide discrimination. Examples of such evidence include but not limited to the following:

    1) evidence that reasons advanced by Respondent is not believable

    2) Evidence that similarly situated individuals outside of your protected class (race) were treated differently

    3) Evidnce of bias by Respndent's decision makers towards persons in your protected class (race) i.e. jokes, comments, remarks about your race

    3. The plaintiff must then present facts to show an inference of discrimination. The plaintiff may do so either by showing that the defendant’s explanation is insufficient and only a pretext for discrimination or by otherwise proving that the defendant's actions used one of the listed unlawful discriminatory parameters.

    In practice, the third step is the most difficult step for plaintiffs to achieve successfully.

    The significance of this case is that it allows the plaintiff (employee) to shift the questions to be proved from whether the defendant has acted “because of” an unlawful discriminatory factor to whether the defendant has lied about the reasons it took action.

  9. #9


    Alot of my evidence are recounts of meetings and notes I took in a notebook that I take home, is this good enough as evidence? Or does it have to be in writing from an employer that "we discussed such and such..blah blah blah? I took note of the employer's responses during the internal investigation of why I wasn't chosen for the promotion and when I filed with the EEOC, they gave the EEOC a different reason.

    I plan to present this as evidence to refute employer's response to the investigator:

    Recount of what they told me was different from response they told EEOC

    An organization chart showing the races of each individual in their group and demonstrating that my race is not part of their staff

    And a power point presentation on how upper management views my race,

    Is this good enough evidence or do I have to come up with something else?

  10. #10


    Your notebook is great evidence but even better is if you can get an email *dialogue* going with the perpetrator so you have proof of what that person has been saying. I used to *smooze* my ex-sup. After she would chew me out in her office, I would go back to my desk and send her an email like, "I just wanted to make sure I understood everything you said so that I do things correctly and the way you want me to so please tell me if I heard everything the way you meant it." Then I would say what she said and since I had *smoozed* her, she was often stupid enough to admit that was EXACTLY what she said to me (including things like how I "seemed to think that my health problems were the reason why I was making mistakes" when I would have a HUGE asthma attack and end up at the ER).


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