EEOC can’t be sued for negligent investigation

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in Discrimination and Harassment,Human Resources

Don’t like how the EEOC handled a case? Too bad. It turns out, you can’t sue the EEOC.

Recent case: Racquet went to work for a New York City hotel two days after another new employee started. The two accepted their job offers the same day. Racquet complained to management and her union, alleging that the other employee had been allowed to start work two days sooner because she has lighter skin.

Racquet lost her job shortly after she complained. That’s when she de­­cided to file an EEOC complaint alleging race and color discrimination and retaliation.

When the EEOC dismissed her case, she sued it, too, claiming it negligently investigated and dismissed her case.

The court said she couldn’t sue the EEOC because it has sovereign immu­­nity. Her case was dismissed in its en­­tirety. (McPherson v. Plaza Athenee, NYC, No. 12-Civ-0785, SD NY, 2012)

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