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Best Suited
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There were 7 new 1st level management openings, all 7 position were filled by 7 white qualified applicants. One of the applicants not selected is African American (female), who was also qualified. She
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Best Suited

posted at 4/25/2008 11:31 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
Cause Finding, mean anything?
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Best Suited

posted at 4/28/2008 2:37 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
It means her case can continue into the courts now. They found in her favor. In their opinion, after reviewing the facts, she was discriminated against.
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Best Suited

posted at 4/28/2008 4:51 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
Actually regardless of the EEOC's determination (no probable cause or probable cause), the employee can litigate the complaint.

Specifically, if the EEOC issues a determination of probable cause, the EEOC requires mandatory conciliation to see if the complaint can be resolved without litigation. If the case cannot be resolved through conciliation, the agency may decide to represent the complainant or it will issue a Right to Sue letter.

If the EEOC issues a no probable cause determination, the complainant is still issued a Right to Sue letter. However,in this case, the EEOC will not offer conciliation and it will not offer to represent the complainant.

As an aside, I complainant will probably find it easier to retain legal representation when a probable cause determination has been issued. Also, courts typically will allow the EEOC's determination as evidence--which can be very useful evidence.

I trust this information is helpful.

Dave Arnold, Ph.D., J.D.
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Best Suited

posted at 4/28/2008 5:28 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
The claimant is now asking to move forward into litigation? Can she do that?
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Best Suited

posted at 4/28/2008 6:03 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
I think it's imperative that you retain competent counsel at this time.

Dave Arnold,Ph.D., J.D.
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Best Suited

posted at 4/28/2008 6:16 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
Thank You.
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Best Suited

posted at 5/1/2008 9:13 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
I'm just curious, how long can litigation last?
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Best Suited

posted at 5/2/2008 2:37 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
A long, long time. That's why so many many employers find it less expensive to just settle out of court. This will be very costly and time-consuming for your organization. I truly wish you the best.
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Best Suited

posted at 3/24/2009 5:44 AM EDT
Posts: 20
First: 10/14/1999
Last: 3/24/2009
dc8844, How about an update? This is interesting. Thanks.
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