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?
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 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?