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 toand 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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Track your fair and equitable discipline to prove you don't discriminate
- Employee has used all FMLA leave? Assess disability status before terminating
- Bad bosses? Probably. Were they racist? No
- It's time to review your criminal history screening practices