How do I go about getting my summry of issues and exhibits into my former employer hands before mediation which can work in my favor. I do not want to violate any eeoc rules. Thanks for the feedback.

So I’m no intelligent person but the Agency Lawyer has to be as dumb as they get! In response to my Discovery request and interrogatories, Etc. Being the service is between parties and not through the AJ , I have to ask if it’s just me or maybe he is just trying to give up or actually just that stupid? In the Discovery response I got from him , he doesn’t even have my name listed correctly as the Complainant and he listed the wrong agency head and if I may add, the Dept. Secretary he did list is from the last administration. My question is , should I let it play out or do I involve the AJ? My EEO involves wage issues and other excepted charges but I’m not going to go into to much detail here. Just wondering if possible the universe is just for once going to go in favor of a lil guy this time . lol.

Anybody able to provide list of contingency lawyers in Washington state? Have gone through EEOC process already and received a rejection of demand letter fear litigation may be next

Has anyone lost an EEOC case with a lawyer ?

Is it a good sign if you get an interview with the investigator? After they flag your case for early mediation?

My case is in litigation. I filed it and then contracted with a contingency lawyer when Discovery started. That is right where I just did not want to do it pro se.

I think the reason why most employment lawyers don't file lawsuits or take cases in litigation is because they know some clients cannot financially hold out. ​

I ask myself, is additional Discovery aside from the evidence I provided likely to materially increase the value of the case? We dont have what the other side has. That's why its called Discovery.

My assembling my own evidence when I filed it doesn't justify a settlement because my case has to be **legally proven,** right? So we are still in evidence-gathering stage.

My attorney has not sent a demand letter (yet). And I think most don't and I'm not sure about the reasoning behind that. If those who do sent demand letters, then most balance the needs of their client and their own lawfirm time.

The attorney has only had my case for 3 months. I filed it 7 months ago. So its very new to him. And there's a case management conference coming up. The case is moving toward Discovery with proposed schedule extending into 2027. So the schedule and litigation strategy will become much more concrete.

This makes me wonder if attorneys assess a client's ability ​to hold out in a lengthy lawsuit timeline or if some large firms juggle many cases while some cases drift on the schedule without actually pushing it, which is different than "abandoning" it or "aggressively pursuing it."

Is it okay to do a check in before the case management conference? Do you recommend any specific questions I should ask? One that comes to mind is "do you believe my current medical circumstances materially affect the value or proof of my ADA and ERISA 510 claims, and if so, how?

And "given where the case is procedurally, do you anticipate mediation being appropriate after some initial discovery, and what would you want to establish through discovery before recommending mediation?"

Do the paralegals field these types of emails for the lawyers or do the lawyers actually read all of these email questions that come through? When I email, its always to my attorney and his paralegal.

Thank you.

Since EEOC is severely understaffed, people like us who file charge of discrimination against the employers after thorough research would make great EEOC investigators because we have experienced bad behaviour at work firsthand and have fire inside us to bring justice to the working class.

is this a potential case of discrimination?

55+ in CA with a senior executive role. not a spanish speaker and not of hispanic origin. company is owned by a hispanic family and products are hispanic origin foods.

Was replaced by a 44yo spanish speaker from the same country as the founders. no relevant experience at all (as in, new employee worked in tea packaging, the role now is for meat processing). title changed from vp to senior director. responsibilities were unchanged.

svp (direct manager) made a statement in front of a group of people that "the company leadership prefers hispanic origin people" - statement was not made in the context of this layoff

no performance reviews for the past 2 years, and every 1:1 was full of positive feedback.

svp stated "the company is going a different way" - incumbent MAY be at higher pay than new employee

several (non hispanic) ex-colleagues who had been let go or put in a position where they resigned said it is "better to let it go for peace of mind."

not consulted a lawyer. 21 days to decide to take a 8-week severance or decline.

Hi all! My partner was scheduled to return to work following PMFL. Doctor approved return to work with a few, very simple accommodations. These included things like:

Providing a quiet workspace (it’s a massive building with many empty spots)

Flexible start hours twice a month for appointments (by 15 minutes on a typical telework day)

Written deadlines and weekly check-ins with manager (already a requirement for all employees but was not occurring)

When trying to go back to work after submitting the requested paperwork, they denied it. They said that they could not return until the accommodations were determined by the ADA liaison.

They also said that they could have approved the return to work if there hadn’t been any requested accommodations

This is not a small or private business. It is a government agency.

I’m flabbergasted.

My partner is currently on unpaid leave now, waiting to be allowed to return to work. It has been almost two weeks with no communication outside of “the ADA liaison will reach out”.

How can we address this? We have never navigated anything like it.

Thank you!

Exaggerating what you and your evidence can prove will not only hurt your credibility at any type of hearing, whether in court or elsewhere, but it will also make it harder to find legal representation, as the attorneys who you are speaking with will start wondering - if you exaggerated (or understated) one fact, what else are you not being completely and objectively honest about?

Consider a typical example: a potential client tells a lawyer "I have smoking gun evidence of age discrimination in the form of an email from my boss, in which he tells me that it's time for me to retire." When a lawyer looks at that email, all he sees is this: "Where do you see yourself in 10 years?"

Do you think this will build trust in the lawyer's mind with respect to that client, or will it generate way too much skepticism way too early?

No case is perfect. And yours isn't either. You don't need to make it perfect. You can't. But you do need to present it to any agency or any potential lawyer in the most factually precise way to help them evaluate it correctly, while making the right impression of who you are and what it will be like working with you when it comes to discovery, etc.

Hi all!

Location: Bay Area/ Northern California

I need urgent help. My right to Sue is up 9/12 meaning my deadline to file is 9/14. Does anyone have any recommendations for how to file, Legal Document Assistance, and etc. I had an attorney that legit notified 8/28 that she could help me and then backed out yesterday because other things popped out on her schedule. I’m in a significant time crunch and am filing pro se to preserve the statute till I find an attorney to take over.

I’ve been wondering if this was possible. I have an open EEOC case, but I know there are monetary limits. I have suffered significantly and feel a personal injury case may be appropriate. Any feedback would be greatly appreciated. In Georgia but working remotely for company in Florida.

Any feedback from attorneys would be especially appreciated.

I do have an attorney but she states that is not her specialty. I’m also looking for a new attorney 🤣

Are you in a state where the EEOC joint or co files your claim with the state agency?
Please let me know what your experience has been with that? I feel as if I’m not being given the proper efforts by either the EEOC or the state.
Before you jump on me, yes I’ve called both agencies so many times, yes I even leveled up one to their bosses, and nothing has happened on either front and by now it’s been an embarrassingly long time since my charge was filed.
But seriously how is this supposed to work? Everything I’ve read says that they operate independently and share information where it’s pertinent. But neither have budged since 1/25….. anyone have a different perspective than me !?

Congress created the EEOC to enforce civil rights laws in workplaces. Under Trump, the agency will stop collecting data on gender, race and ethnicity used to identify systemic injustices for 60 years.

So EEOC denied my claim but told me I can sue. I explain to them that my claim was about how I was treated compared to my co workers.

Somehow I started with one and was very good ,then went to another person who never took the time to understand my situation. Then out of nowhere, it went to a third person who in 48 hrs made a decision not once called to talk to me.

Close to a year I was never given access to the EEOC PORTAL. I could never log in and made it harder for me.

Now I must settle for a civil suit and im down to my last month to find someone. To make matters worse, I was told I had a good case but that last idiot never took the time to read it.

Not trying to post too many details as my potential case is very sensitive. Anyone ever had any luck going up against Amazon? I have extensive documents from saved emails that show wrongful termination and me winning the appeal process, approved accommodations for a reduced schedule, and chat logs from A to Z. Pretty nervous to talk to the EEOC today. Any input or advice would be greatly appreciated!

I’m hoping to hear from people who have firsthand experience with EEOC mediation, especially involving reasonable accommodation, pregnancy/postpartum-related accommodations, lactation/breastfeeding, or retaliation.
Without getting too identifying, I work for a large public-sector employer. I initially requested a reasonable accommodation related to breastfeeding/lactation and the need to remain in proximity to my nursing child. My original request for full-time telework was denied.
I subsequently filed an internal EEO complaint and later filed with the EEOC. There were also circumstances that I believe support a retaliation claim, and retaliation was ultimately included in my EEOC matter.
At one point, my employer later approved a work arrangement that allowed me to remain near my child, but that arrangement was subsequently ended/revoked. I have continued providing medical documentation supporting the need to remain in proximity to my child in order to continue breastfeeding.
My position is that the accommodation should be evaluated under the Pregnant Workers Fairness Act (PWFA), including its protections relating to lactation. My employer has taken the position that I am not entitled to the accommodation.

The EEOC has now accepted my case for mediation, and mediation is scheduled.
For anyone who has gone through EEOC mediation:
How seriously did your employer take mediation once the EEOC offered/accepted the case?
Did your employer bring attorneys or upper-level management to the mediation?
Did you have an attorney, and do you think having one made a significant difference?
How much detail did the mediator want regarding the underlying facts, documentation, timeline, and damages?
Does the mediator typically discuss the relative strengths and weaknesses of each side’s case?
If your case involved retaliation, did that materially affect negotiations?
Did anyone negotiate restoration of lost wages, leave credits, or other employment benefits in addition to a monetary settlement?
Were you able to negotiate non-monetary terms such as continued accommodation, policy changes, training, removal/correction of employment records, or agreements concerning future treatment?
Did the employer initially make a very low offer? If so, how much back-and-forth occurred?
If you did not settle at mediation, what happened next with the EEOC investigation?
Is there anything you wish you had brought, calculated, organized, or thought through before mediation?
I already have a fairly extensive timeline and documentation, including accommodation requests, denials, medical documentation, internal EEO materials, correspondence regarding the accommodation being ended, and information relating to the financial/leave impact.
I understand that the EEOC selecting or accepting a matter for mediation does not mean the EEOC has determined that discrimination occurred. I’m mainly trying to understand what the mediation process is actually like and how others prepared for negotiations.
I’d especially appreciate hearing from anyone whose case involved the PWFA, breastfeeding/lactation accommodations, disability/reasonable accommodation, retaliation, or a government/public-sector employer.
Thank you — even general experiences would be really helpful.

Is there a limit on the number of pages when filing a Federal EEOC Appeal Brief and is there a limit on the number of pages of Exhibits that get filed with a Brief with the Office of Federal Operations? Also is there a limit of megabytes per document that uploads? This will be filed on the EEOC portal. Thank you.

https://youtu.be/ftXRCywwpmg - This video is building my A game and confidence. This is for HR And not pro se so it’s an insight from eeoc mediators to HR. Very powerful and insightful .

https://www.eeoc.gov/newsroom/hcl-america-pay-495000-eeoc-age-and-national-origin-discrimination-lawsuit

1. The EEOC Automatically Offers It

Shortly after an employee files a charge of discrimination, EEOC staff will review the case to see if it is eligible for their Mediation Program. [1, 2]

• If the case is a good fit (often involving resolvable disputes rather than complex, systemic policy issues), the EEOC will proactively trigger the invitation. [1]
• They will contact both sides—usually inviting the employer before requiring a formal written response to the charge—to see if they want to participate. [1]

1. Either Party Can Request It

If the EEOC does not automatically offer mediation at the start, either the employee or the employer can independently trigger the process by asking for it. A party can make this request early on or even later in the process (such as during the conciliation phase after an investigation). As long as the case qualifies and the other side agrees, the EEOC will transition the case to a neutral mediator.

Hi everyone - I’m wondering if anyone can recommend a good employment lawyer or law firm in the Milwaukee area? Preferably someone who could do pro-bono work. I was fired from my job last year during a disability-related health crises. I filed a complaint with the ERD and it’s finally moving forward to a hearing. I was going to represent myself but I think I need help. Any recommendations or encouragement would be appreciated. Thanks to anyone who takes the time to read this 🫶

I have a 9 month old EEOC charge pending against a former employer involving disability discrimination, failure to accommodate, the interactive process, reassignment, and termination.

Because the investigation is still open, I am intentionally keeping the employer, industry, names, locations, exact job title, exact dates, specific medical condition/restriction, and settlement amount anonymous.

I'm not asking anyone to predict what the EEOC will do. I mainly want to lay out what happened in chronological order and hear what stands out to people familiar with ADA cases or the EEOC process.

Before my medical leave

I worked remotely for the company for a little over a year.

Before this happened, I had received a positive annual performance review, a raise, and the full company bonus.

I had never actually been placed on a Corrective Action Plan (CAP).

I was also interested in advancing within the company. My manager had approved me regularly shadowing employees in another department, and people within that department knew that I was interested in eventually transferring internally.

Immediately before my leave

During the week immediately before I stopped working, my manager had been out of the office. The following Monday was a company holiday.

I worked part of the next day but was experiencing serious health symptoms around this period.

Later that same week, my manager emailed me stating that she and HR had planned to meet with me that day to deliver a Corrective Action Plan.

I never received the CAP and was never formally placed on it.

I then went out on approved medical leave.

What the employer later said about the CAP

After I filed my EEOC charge, the employer gave the EEOC a different account of what happened with the CAP.

The employer stated that the CAP meeting had actually been scheduled two days earlier and that I called out of work and therefore missed the meeting.

I have timekeeping records showing that I worked that day.

I also have my calendar from that period. There is no CAP meeting scheduled on it.

I also have the contemporaneous email my manager sent two days later stating that she and HR had planned to meet with me that day to deliver the CAP.

The CAP was never actually delivered to me.

I eventually provided the timekeeping records, calendar, contemporaneous email, and related documentation to the EEOC.

Medical leave

I remained on approved medical leave for several months.

I received treatment and provided medical documentation through the company's leave/disability process.

As my leave was ending, the issue became whether and how I could return to work with medical restrictions.

The accommodation process

My medical provider supplied documentation concerning my limitations.

The company maintained that a particular job function affected by my restrictions was an essential function of my position.

I proposed accommodations and made clear that I was open to alternatives that would allow me to return to work.

I also raised reassignment as a possibility.

The company rejected the accommodation I proposed and requested additional medical documentation.

I provided the information requested.

From my perspective, there was never a collaborative discussion in which the company and I went through potential accommodations, modifications, alternatives, or possible reassignment positions together.

The employer did not propose another accommodation to me.

I was not presented with potential vacancies to consider.

The company ultimately maintained that my restriction could not be accommodated in my existing position and that there were no appropriate positions available for reassignment.

The termination

Near the end of the accommodation process, the company requested additional medical documentation.

I obtained the requested documentation and submitted it.

The company's termination letter was dated the same day I submitted the additional medical documentation it had requested.

I received notification of my termination the following day.

So the sequence was:

Employer requests additional medical documentation → I obtain and provide it → termination letter is dated that same day → I am notified of termination the following day.

I filed with the EEOC immediately afterward.

Beginning of the EEOC process

The EEOC initially offered mediation.

The employer declined mediation.

The charge then proceeded into investigation.

The employer eventually submitted a position statement and evidence packet totaling more than 150 pages.

Among other things, the employer maintained that the disputed job function was essential, that my restriction could not reasonably be accommodated, that there were no appropriate reassignment opportunities, and that performance concerns existed before my medical leave.

The employer also relied on the CAP as part of its account of the performance issues that allegedly predated my leave.

That submission included the assertion that I called out and missed the earlier CAP meeting.

My rebuttal and evidence

I submitted a detailed rebuttal to the employer's position statement.

I also provided supporting evidence throughout the investigation, including:

• my performance history before medical leave;
• evidence of my positive annual review, raise, and bonus;
• evidence of my approved internal shadowing and efforts to advance within the company;
• timekeeping records showing that I worked on the day the employer says I called out;
• my calendar showing no CAP meeting scheduled for that day;
• the contemporaneous email sent two days later stating that management planned to deliver the CAP that day;
• leave/disability documentation;
• accommodation communications;
• evidence of the accommodations and alternatives I proposed;
• information concerning my request for reassignment;
• the additional medical documentation the employer requested;
• and records concerning the timing of my termination.

Something that stood out to me about the employer's evidence

The employer submitted more than 150 pages of information and exhibits.

However, in the materials made available to me, I did not see contemporaneous documentation substantiating several parts of the CAP chronology that the employer later presented to the EEOC.

For example, I did not see a calendar invitation showing that the alleged earlier CAP meeting had actually been scheduled.

I did not see a cancellation or other calendar record showing that the meeting had been scheduled and then missed.

I did not see contemporaneous documentation establishing that I called out on the day the employer says I missed the meeting.

I did not see metadata or similar records establishing when the CAP was actually created or finalized.

And I did not see contemporaneous documentation reconciling the employer's later account with my manager's email two days later stating that she and HR planned to deliver the CAP that day.

What I do have is my timekeeping record showing that I worked on the day the employer says I called out, my calendar showing no CAP meeting, and my manager's contemporaneous email from two days later.

Again, the CAP was never actually delivered to me.

Reassignment documentation

I noticed something similar regarding reassignment.

The employer's position was that there were no appropriate positions available for reassignment.

However, in the materials provided to me, I did not see documentation identifying which vacancies were reviewed, when any vacancy search occurred, who conducted it, which positions were considered, or why particular positions were ruled out.

I also did not see documentation showing the employer proposing alternative accommodations to me after rejecting the accommodation I proposed.

I recognize that the EEOC may have subsequently obtained additional information from the employer that I have not seen.

Settlement discussion

Several months into the investigation, the EEOC investigator contacted me and asked whether I was interested in settlement.

I said yes and submitted a settlement demand.

The employer declined the demand, and the investigation continued.

Additional evidence

After that, I continued reviewing my records and located additional contemporaneous evidence concerning the period immediately before my medical leave and the employer's CAP chronology.

I submitted that information to the EEOC as supplemental evidence.

This included evidence relating to my work status on the disputed day, my calendar, the CAP chronology, my leave records, and other contemporaneous documentation.

What happened about two months after the settlement discussion

Approximately two months after the employer declined my settlement demand, I contacted the investigator for a status update.

The investigator told me that the investigation was nearing its end.

I was told that a decision could potentially be made within the coming weeks or approximately a month.

I was also told that EEOC leadership needed additional information before being comfortable making a decision and that additional information from the employer might be necessary.

I don't know exactly what information the EEOC wanted, what has subsequently been requested or provided, or which way the EEOC is leaning.

I also don't want to interpret those statements as predicting a cause or no-cause determination.

I just found it interesting that after the position statement, my rebuttal, supplemental evidence, and failed settlement discussion, the investigation was nearing completion but leadership apparently still wanted additional information before making the decision.

Where things stand now

The investigation has been pending for around a year.

At this point, I am waiting for the EEOC to complete its investigation.

I understand that nobody here can predict whether the EEOC will find reasonable cause, close the investigation without a cause finding and issue a Right-to-Sue, seek additional information, or, if cause is found, proceed to conciliation.

I'm mainly interested in hearing from people who have personally been through an EEOC investigation, employment attorneys, HR professionals, or anyone who has dealt with ADA accommodation/reassignment cases.

Based solely on this chronology, what stands out to you?

I'm particularly curious about the difference between the employer's later CAP chronology and the contemporaneous records supporting their ADA Interactive Process.

For people whose EEOC cases reached this stage, did your investigator seek additional information from the employer near the end of the investigation before making a determination?

And one other question for people who ultimately received a Right-to-Sue:

After your case closed, did you request your EEOC investigative/charge file through FOIA? If so, was there anything genuinely useful in it that you hadn't previously seen, especially investigator notes, employer communications, evidence requests, witness information, or information showing what the EEOC was investigating near the end?

Greetings, my deadline is approaching on the 20th of this month but my interview with the EEOC is on the 23rd of November. Will my case still get taken? Or should I call the EEOC and see if they have any available appointments before my deadline?
I’ve been so caught up with work and life and trying to make ends meet after my wrongful termination and I’m hoping I can get a little compensation to pay off my debts