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Thread: EEOC requests Rebuttal to Employer's position statement, so what's next?

  1. #1


    Anyway, I got this far with the EEOC, where I provided my rebuttal to Employer's position statement. Its been 3 months and I am just patiently waiting. My investigator says that they will look at my rebuttal and the supervisor will decide if they will pursue it. Also does the EEOC give a copy of my rebuttal to the employer? (I hope not cause i know the employer will move mountains to lie their a$$ off on my rebuttals)

    So my question is, if the EEOC sees some merit in my rebuttal and pursue, will they automatically take the employer to federal court and sue them or will they do their own investigation (interviewing employer, witnesses, etc) and then decide if I have a case or not? BTW, the employer right now is experiencing a class action lawsuit brought on by a certain race, (which is not the same race as mine) and I notice that this race has been getting promoted left and right. Will the EEOC also know about this ?

    All I see are people complaining that EEOC never gets back to them or gives them the cold shoulder, but so far, in combination with respect and patience, I got this far and I have filed with the EEOC in March 2011 and I am now in this stage.

    Anyway, my case is about racial discrimination (being denied a promotional opportunity)

  2. #2


    If you filed in March 2011, you have been hood-winked as the investigation should have been at the very least done with concerning a answer as to a violation or not. Visit the EEOC home page and look at the steps and procedures for a complaint handled by the EEOC.

    The EEOC has 180 days to give some sort of answer or you have the right to request your RTS Letter (Right to Sue).

    As for the employer rceiving a copy of your rebuttal, yes they will receive a copy in due time but until then they only see bits and parts or what the EEOC wants them to see just as you will only see the same of their answer to your complaint. The EEOC is dragging their feet here, but of course if your case is 0ne of those 1% of cases they like then your in like flint, it would seem if the employer is facing multiple complaints then maybe yours has been added to the long list of complaints. If this is happening then look forward for a possible settlement of meger compensation for your troubles.

  3. #3


    we did a rebuttal and now have to attend some sort of confrence meeting in albany on apr.26th..human rights says this is not a discovery, not a mediation, it is where the employer and the complainant will be asked questions by the eeoc or human rights, lawyers will not be allowed to speak or ask questions..witnesses can come on both sides, but we are not showing up with witnesses, just bringing some character work letters and watch and see what this step is..after this meeting they said then thae can talk to our witnesses not before? so there is this step i guess then it goes to investigation or mediation ect..we are also discrim/retaliation.

  4. #4


    I did some investigative work this morning and the people i listed as supporting witnesses to my supervisor
    s commercial litigation lawyer. Also my supervisor is also getting interviewed as well. i know the witnesses will lie their asses off to protect their skins. i dont get it, why would a commercial litigation lawyer get involved with a discrimination/retaliation case?

  5. #5


    i dont know whats wrong w the internet but i meant to say that the witnesses are going to be interviewed by the company`s commercial litigator.

  6. #6


    By commercial litigator, you meant the company's non-in-house legal counsel? If that is the case, the company's use of outside counsel will give credence to their so called "independent" investigation.

  7. #7


    I'm not sure if they will hire an outside counsel but I did more research and the company has 3 areas: Labor and Employment, Commercial, and a third one I forgot what it is. But if they are going to meet, wouldn't it make sense that the person they are meeting should be from "Labor and Employment"? But instead, they are meeting an in-house counsel from "Commercial". So I'm confused. I also noticed that the persons that are going to be interviewed tomorrow, who I normally speak to, started acting quiet and distant from me today.

  8. #8


    Commercial counsel deal with contracts, leases, risk management, mitigation, general liability insurance claims, etc.

  9. #9


    So commercial can still involve employment related matters? Like what justice denied said they could be hiring an outside counsel to do their jobs for them.

  10. #10


    The people that are acting distant are probably scared that they will be the next victim.......


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