I am experiencing a mediocre handling of my case by an EEOC investigator, who is leaning toward dismissing and giving me the right to sue to make work easier for him/her and thus giving me no chance for a possible mediation. How relevant is the EEOC decision (to dismiss)? Would this affect my chances in the court when I sue? If the charges are dismissed by EEOC and the right to sue given, is this decision to dismiss by EEOC communicated to the employer?
Most EEOC charges are dismissed without a finding of discrimination. The agency seems to lack both the budget and the willpower to adequately investigate these claims. And yes, the dismissal will be communicated to the Company. But not to fear, neither the fact of the dismissal nor the reasons therefor are admissible in evidence if you bring the case in court. The Company's attorney will not factor dismissal as either a help or a hinderance in his or her evaluation and defense of the court case, should you decide to bring one. That said there are a couple of reasons to keep pushing the EEOC to investigate the case and there is one reason to go ahead get the dismissal right to sue letter - which is required to go to court.
Keep Pushing
Free discovery - everything the Company produces to the EEOC can be obtained by you or your attorney, thus lessening the amount of work to be done during the case
Mediation - if you think there is an ice cube's chance that the company will settle, push the EEOC investigator to get the Company to mediate. But be aware, the Company is not required to particpate in mediation and will often refuse to, at least until the case gets filed in court
Ask for the Dismissal and Right to Sue
Your attorney will have to tell you whether or not your case is eligible to go to state court rather than federal court. Depending on where you live/work, the state courts may be a better place to bring your case. If your case is eligible to go to state court, there is time limit after your charge is filed (2 years I think, but double-check) to file a lawsuit in state court, whether or not the EEOC is finished invesitgating it. If that opportunity is availabe, you don't want to miss it waiting around on the EEOC to finish its investigation.
Good luck.
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