"It’s a classic Washington catch-22: For years, Congress has chastised the agency that investigates workplace discrimination for its unwieldy backlog of unresolved cases while giving it little to no extra money to address the problem.
In turn, officials at the US Equal Employment Opportunity Commission have found a workaround: Close more cases without investigating them.
Since 2008, the EEOC has doubled the share of complaints involving companies or local government agencies that it places on its lowest-priority track, effectively guaranteeing no probes, mediation, or other substantive efforts on behalf of those workers. About 30 percent of cases were shunted to that category last year, according to internal data obtained by the Center for Public Integrity through a public records request."
Here's my editorial comment: For myself, although I'm continuing to litigate federal discrimination claims, I've bypassed the agency as much as possible. Unfortunately, the Federal Civil Rights Act, passed in 1964 at a time of optimism, requires that one must go through the agency before one can bring a federal lawsuit. The idea was that the EEOC would give employers a chance to set things right prior to litigation. This almost never happens. I've resorted to requesting an immediate right-to-sue letter without waiting for an agency investigation. These investigations can take years, if they happen at all. At the end of the investigation, the agency has no power to compel change or restitution. Employers, who know that they can ignore the process for years with no consequences, are unwilling to agree to reasonable restitution at the EEOC stage. Once we get into federal court, however, they know their ability to obfuscate is limited. At that point, the evidence comes out, and they usually see the light. Recognizing that their defenses aren't very strong, they usually settle up. It's sad to see an agency dedicated to civil rights letting people down who are going through the devastating experience of discrimination. The purpose of the agency is to diminish discrimination, not increase the burden on those who are going through it. To employers: you and your representatives have done a great job in hamstringing the agency that is supposed to address the issues before litigation happens, so stop complaining when you are served with my federal summonses and complaints.
Here's my editorial comment: For myself, although I'm continuing to litigate federal discrimination claims, I've bypassed the agency as much as possible. Unfortunately, the Federal Civil Rights Act, passed in 1964 at a time of optimism, requires that one must go through the agency before one can bring a federal lawsuit. The idea was that the EEOC would give employers a chance to set things right prior to litigation. This almost never happens. I've resorted to requesting an immediate right-to-sue letter without waiting for an agency investigation. These investigations can take years, if they happen at all. At the end of the investigation, the agency has no power to compel change or restitution. Employers, who know that they can ignore the process for years with no consequences, are unwilling to agree to reasonable restitution at the EEOC stage. Once we get into federal court, however, they know their ability to obfuscate is limited. At that point, the evidence comes out, and they usually see the light. Recognizing that their defenses aren't very strong, they usually settle up. It's sad to see an agency dedicated to civil rights letting people down who are going through the devastating experience of discrimination. The purpose of the agency is to diminish discrimination, not increase the burden on those who are going through it. To employers: you and your representatives have done a great job in hamstringing the agency that is supposed to address the issues before litigation happens, so stop complaining when you are served with my federal summonses and complaints.
