Legal Question in Employment Law in California

This is a procedural question on the EEO Administrative Judge process. I'm at the stage where my employment discrimination case is going to be reviewed by the EEO Administrative Judge. I filed a motion to add a new claim (let's call it claim C)to my complaint and it is in limbo. I have not heard back from the Admin Judge.

I know that afterwards when I get to a civil lawsuit I can only have claims that have been done at the EEOC level. My question is I have not heard from the Admin Judge in 3 months. What does this mean? It has been long enough that I can ask for a right to sue letter but if I do, will it also include the claim I added in my last motion to amend my complaint e.g. Claim C?


Asked on 4/21/10, 6:47 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

You might be placing a little too much importance on the EEO process that has very little "teeth" in most cases. The vast majority of employers who tried to argue that the employee cannot allege claims that were not included in EEO or DFEH charge lose, as the courts have been construing these charges liberally, so that if the claims brought in court are even somewhat related, these claims will be allowed and will not be dismissed.

More importantly, if you plan to bring a claim in court, an attorney can get an immediate right to sue letter in 5 minutes by filling out a short questionnaire on-line, so there will be no need to either amend the existing charge or worry about the rest of the process, unless of course it has been longer than one year since the last violation or your termination.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

Read more
Answered on 4/26/10, 8:48 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California