All Your EEOC Questions Answered, Part 3, with Maureen Kielt
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- Опубликовано: 7 сен 2024
- Welcome to the final installment of host Ari Kwiatkowski’s conversation with Maureen Kielt, the director of the Buffalo Local Office of the EEOC. In this episode of the Barclay Damon Live Labor & Employment Podcast, “All Your EEOC Questions Answered, Part 3,” Ari and Maureen move discuss the possible outcomes when an employer is subject to an EEOC investigation. Elements that they discuss include the findings of the investigation-either “no probable cause,” case closed, or “cause,” in which case the investigator and agency say that there's probably been a violation of the law. Depending on the findings, the agency then issues a letter of determination (if the finding is “cause”) or a “right to sue” notice (“no cause”). Listen in for the rest of the process, including negotiating conciliation to both address the claimant’s complaint and work to ensure the problem doesn’t reoccur.
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Barclay Damon Live podcast transcripts and captions are automatically generated through artificial intelligence, and the texts may not have been thoroughly reviewed. The authoritative record of Barclay Damon Live programming is the audio file.
This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.
Thank you, so very much for these video series! This has been so helpful in laying out the process and alleviating a big stress load off my shoulders!! I'm currently involved in the infancy of my EEOC journey (2-weeks post EEOC charge interview) and understanding the next steps is so helpful.
hi, by chance during the interview, is that where you provided your personal statement? or did your answers to these question help compose your statement later in the process? curious to know as I prepare for my interview.
@aarr8626 During my EEOC interview, I painted a 5,000 foot overview of my claims in order to move my claim to the next status of a "charge," and then my company was served notice the same day of my interview. After that, I sat in line waiting for my employer to provide their "Position Statement," which took 2-3 months for me to receive. Then, I had 30-days to rebuttal their Position Statement. After that, I started to upload my proof documents to the EEOC portal. I had thousands of emails lM'S, texts, snapshots, and 325 videos. The video I could not upload because they're too big. The EEOC site where you upload your burden of proof is slow and cumbersome. So if you have a lot of documents like I did, now is the time to prep them for uploading. I did not retain an attorney until just recently. So I did all of that front work by myself and advised my attorney of how much I had already completed. In the grand scheme of things I was the only one who could prep the evidence because anyone else may not have understood what they were looking at (until understanding the details surrounding each piece that I uploaded) I got really lucky getting an attorney at the time that I did. I thought I was going to have to go through this alone and beg the EEOC to take my case. I had Attorney's tell me to come back after the EEOC investigation with findings and we'll talk about taking your case. The attorney I retained was ready to jump in now and mitigate the damage (if possible) but will rise to the occasion of trial if need be. I took Lisa's advice about outlining my claims and being able to sell it quickly. Best advice I've received yet from anyone! Basically, don't wait for an attorney to come to you. Work on presenting your case the best you can and prep yourself and documents. The process takes a long time. However, the EEOC gives your short windows in which to respond and upload documents. Hopefully, some of this helps and best of luck! Hope you prevail 😊
So no talk about how to qualify for Federal Court? I would have like to hear what it takes in 2024
Growing at a rate that a company can’t keep up, esp since they’re buying another business is a clear lack of oversight and negligence. No excuse. Obviously if they’re growing so quickly that shows they’re successful and afford to hire the proper staff. These companies get away with myrder at the expense of their employees they’re most likely violating, as statistics show. There needs to be huge reform to address the entire realm of company violations. Disturbing this is happening in America.
The right to sue letter is apparently the devil! After I received a right to sue letter and started applying for jobs afterward... new future employers know about that and are against hiring you because of it! I'm not sure how they know or see that you've previously received it, but they do. I didn't have to use mine because my former employer settled with me, but now employers know about it.
Hi thank you for posting this. How did your job search go? Did you get a new job?
@tsionsadore6538 Still in the process. I wish someone knew how the company obtained this information. I thought the issuance of the right to sue letters was confidential.
Thank you!
Both was great 👍
I have an interview in June 2024 what should I expect on that interview do I need to hire a lawyer please help
This is good....but if federal emp it is a very hard to understand the process.
DISCLAIMER: The opposing party neglected to follow all 5 of the EEOC ORDERS. How long should a reconsideration take on an appeal where the judge errored on a favorable default judgement without a hearing for " making whole relief "?
Harassment need a place to keep my documents safe long enough to share my findings dealing with constant BS
What would an employee do when the EEOC does not act "impartially" and fails to comply with MD 1614.108 "develop a complete and accurate record of evidence" i.e., no personnel file, no docs showing employer actions were prompt and adequate to remove or prevent hostile environment harassment (except to single-out the complainant), that employee had access to complaint resources, and failed to request the "company surveillance video" the employer portended held information supporting the "legitimate reason" for the adverse action taken (termination) of the sole protected employee on it's staff, but the EEOC still dismisses on the basis of only unsupported allegations n claims absent evidence in the record. I went up the Ohio chain n got "we usually accept the determination of the investigation." Filed R37 motion...AJ said "complainant could have obtained the information prior to filing this motion." I had no access to info consistently in 'possession, custody, and control' of my employer. FOIA revealed exactly an incomplete record. I didn't get my personnel file until I filed R 37 motion in federal court, and still, the employer has never produced the 'video' I always claimed did not exist...because the events never happened as alleged. Means reliance on the EEOC might be the death nail of your case.
Can you file a federal lawsuit without a lawyer?
Urgent
Help me plz.
Well, ladies, I’m certainly satisfied 😏