Legal Question in Civil Rights Law in United States
I am trying to sue my EEOC investigator. He failed to mail initial charges to the offender in the ten day period, failed to notify me of the employers request for mediation and then failed to notify me of the right to sue and it was later discovered that he took a bribe from the hospital. I sent the EEOC a sr95 form do i need to notify the United states attorney general or the attorney general in the state of Maryland? Do i Have a case?
2 Answers from Attorneys
Yes. You may have a case but the burden of proof is on you. Also, there some immunities that protect public officials or officiers so you may want to look into EEOC internal grievance procedures, internal employee policies, any immunities, tort and other federal laws. This research is important before filing a case against a federal employee. In other words, do your research before filing a case under any federal jurisdiction. Secondly, you may need to prove malicious intent, gross negligence or derelect of duty with supporting documentation. Particularly, if you feel that your civil and constitutional rights were violated or you did not receive due process. However, if you are encouraged to direct your compliant to the Attorney General as a remedy under Maryland law please feel free to do so. The complaint forms can usually be found on the web site. I hope this helps.
If you filed your claim against your employer with the State EEOC office, send to that agency Department Director and a copy to the Maryland Attorney General.
If you went to the United States Equal Employment Office,then contact that agency's director in writing with a copy to the United States Attorney's office in the district the EEOC office is located.
Send all letters by certified mail return receipt requested.
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