The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction!
Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.
Recent case: Jeanette Wilkins filed an EEOC complaint alleging that Scrub Inc. refused to consider her application because she is black. The EEOC thought there might be a pattern of bias. Over several years, it gathered applications from past and present individuals. Finally, almost four years after Wilkins complained, the agency sued.
Scrub wanted the case dismissed because so much time had passed. The court refused, reasoning that the agency was entitled to take its time investigating a complex case looking into allegedly discriminatory employment practices. (EEOC v. Scrub, Inc., No. 09-C-4228, ND IL, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Vague comments and complaints aren't protected
- Employees who don't meet whistle-blower law requirements still have legal protection
- Consistent policy, smart response get you off the hook for retaliation
- Employees must file discrimination cases within 180 days