Has your agency faced this situation? After receiving a formal complaint, an agency fails to conduct its investigation within the timeframes set by the EEOC’s regulations. After 180 days have passed, the complainant requests a hearing with an administrative judge and requests sanctions. Now the question is -- will sanctions be granted? What is the most effective way to defend the agency against sanctions?
Julie Rook Gold, Esq.
Recent Posts
The Investigation was Late – Will We Be Sanctioned?
Jun 21, 2019 10:12:05 AM / by Julie Rook Gold, Esq.
Recent Cases Show Managers Still Struggle with Per Se Reprisal, Inappropriate Comments
May 6, 2019 8:34:16 AM / by Julie Rook Gold, Esq.
While some comments by management regarding the EEO process or current complaints may be made with the intention of being funny, they can violate Title VII’s prohibition against reprisal. Managers should learn that comments about EEO complaints and the EEO process are not just inappropriate, they can lead to a finding of retaliation by the EEOC.
The Hearing is Weeks Away and NOW the Complainant Wants to Amend?!
Apr 30, 2019 3:40:55 PM / by Julie Rook Gold, Esq.
The complainant requested a hearing and the parties have already engaged in discovery. The Administrative Judge has set a hearing date, which is closing in. With only weeks -- or even days -- to go before the hearing, the complainant submits a motion to amend. Is this proper? How should the agency respond?