Readers' Comments
Total Comments: 7
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Page 1 of 1
D.C. District Court Clarifies Employees' Obligation to Exhaust Administrative Remedies Before Filing in Court
Total Comments: 7
Page 1 of 1
Page 1 of 1
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March 19, 2010
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EEOC
DOE
Mon Nov 9, 2009 10:16 AM
Post Reply
Why do Federal employees desire to adjudicate their discrimination claims in Federal Court as quickly as possible and avoid the EEOC route? Is it because the EEOC has less than competent judges? Is it because the EEOC sits on Hearings and Appeals for YEARS? Is it because their investgations are lacking?
I submit all of the above.
To be taken seriously
DON
Mon Nov 9, 2009 10:59 AM
Post Reply
The cases need to get taken care of quickly but seriously without rubber stamping either side.
Of course if you make it too hard, and too long, to get a fair hearing...the weaker party, (employees truly being discriminated against,) will just give up and leave.
That certainly is not good for anyone!
If you make the hoops just a bit easier to jump through then maybe we can actually find ways to fix the problems.
Exhausting Remedies
DHHS
Mon Nov 9, 2009 1:00 PM
Post Reply
I was an EEO counselor for over 25 years and I do not believe in the process. Things take too long, they get sent to places and get lost, and then they come up with excuses to through the claim out. I used to believe in the system but over time, too many corrupt people have risen to the top and they are the ones now running the show. I know that court should be the last resort but then again it may be the only way someone gets a fair deal but then again, that doesn't always happen either.
Bad Advise
SSA/ODAR
Mon Nov 9, 2009 1:14 PM
Post Reply
I know to well about EEO Counselor discouraging an employee not to file EEO when supervisor discriminated against her. I advised employee to file when the discrimination first happened, she contacted EEO Counselor and she was told she needed to wait until she had more. So she did another incident happened she filed and after she filed she was terminated.
New EEOC Commissioner
DOJ
Mon Nov 9, 2009 9:42 PM
Post Reply
Maybe the new EEOC Commissioner should be reading this and try to fix these problems
Jurisdiction
Soon 2 B Retired
Tue Dec 29, 2009 9:09 AM
Post Reply
I disagree with the article's suggestion that the exhaustion requirement is "jurisdictional." Failure to exhaust is an affirmative defense that is subject to equitable considerations. It is also waivable if not properly asserted in a responsive pleading.
Process doesn't work
DOJ
Tue Dec 29, 2009 9:54 AM
Post Reply
I learned the hard way that EEOC is not your friend. Was advised by attorney to file a claim because of harassment and bullying - retaliation for questioning fraud in the office. EEOC drug their feet, failed to investigate the case, contracted work out. Contractor interviewed certain officials and mis-represented facts in their transcription efforts. Totally unprofessional. Their intent is to wear you down. I physically and mentally could not tolerate the abuse in the office and went months without pay awaiting EEOC decision. Finally had to apply for early retirement because they have yet to come through.....almost 2 yrs later. The system only works for the wicked and corrupt