EEOC Tips for Workers: 5 Things Not to Say in an EEOC Fight

[@TheTerryGene]

This is good advice. I am retired after 26 years with EEOC. Stick to the facts. Do not embellish. Prove that you were discriminated against based on one or more of the following: age, race, national origin, religion, disability or sex. “My boss is an a**hole” unfortunately is not discrimination. And, finally, do not become discouraged due to the amount of time that an investigation takes: it can be a long, tedious process.

[@fightemploymentdiscriminat9836]

Thank you for sharing some of your professional experience with us! I never would have won my case without people like you who were willing to help!🌹

[@donnablanchard733]

❤

[@donnablanchard733]

❤

[@donnablanchard733]

❤

[@123NopeNotMe]

Awesome... Super cool! ❤️

[@jujubee2903]

Wish we could just go to work peacefully, make a livable wage, and go home. Why are there people in existence who insist on making others miserable!?

[@fightemploymentdiscriminat9836]

What a great comment! That's exactly it. No one should have to accept abuse just so they can WORK.

[@DezW-cq3nb]

Thank youuuuuu. I’m still trying to search for the answer myself😮‍💨

[@yadalong2004]

Right 😢. I’ve been harassed on the job for years now I’ve finally got tried of it n report to HR nothing was done about it. Escalated it n reported it to corporate now im being retaliated again by my boss because they didn’t do their job. 😭 I’ve been demoted from my position. After all of them years of hard from nothing I did wrong. I just want to do my job n go home. I don’t think it fair I have to work in a hostile work environment 😭

[@DezW-cq3nb]

@@yadalong2004 that’s a lawsuit, they are not to retaliate against you or demote you for a protected activity. Gather all your information and report to EEOC because Hr doesn’t care, they are for the employer not for the employee’s. Speak to an attorney and push forth.

[@paulmaes6054]

@@jujubee2903 My manager made me life miserable for 6 months with her unprofessional and explicit stories she shared and harassed me with! I got a letter to sue....but no one wants to take my case because its all about money and not justice. They don't feel like they can sue for enough money for their time! Doing the right thing isn't in vouge but 💰 always is a motivatior! So I will leave things in God's hands

[@123NopeNotMe]

Oowww this is a GOOD one, I could talk about this one ALL DAY LONG!! I feel THIS is where ALOT of us "lose it"... If I had to add a #6 (bc no one asked for my unsolicited advice 😏😏) I would say, Leave the EMOTIONS for the 'bedroom talk'.. Meaning, we all understand that we are passionate about our cases and what our employers did to us in the Discrimination however when we become emotional and speaking about it we tend to say too much that steers the discrimination into hurt feelings and not a matter of breaking the law.. I feel like what a lot of people misunderstand about the EEOC is that the EEOC is not our attorney and they are not the agencies attorney. The EEOC can only fight what the law says and if you bring your 'emotions' rather than the Law under which the EEOC has set out for us to claim.. and how the agency BROKE the law and it's discrimination towards us that's when we live to fight another day.. That's giving them something undeniable to work with.. It's all a process.. Albeit long, drawn out and strenuous, it's a process...

[@robinkuruda5249]

Well said !!

[@nobodycares1211]

From my experience--- you will get NO resolve from eeoc! Eeoc and federal employers are in cahoots. Get an employment lawyer -- bypass EEOC completely-- File case in district court ( from my experience) you having a lawyer is the ONLY way to have your claim taken seriously

[@fightemploymentdiscriminat9836]

MANY people have had that experience, sadly.

[@wilinawec6148]

No lawyers would take my case, I actually filed with EEOC and FCHR & received a right to sue. The employer settled with me out of court.

[@ironluxxtrader9075]

​@@wilinawec6148Pines Federal Law Firm.

[@erikmanguslehnsherr4389]

I completely agree.

[@Short17]

@@wilinawec6148was it worth it?

[@123NopeNotMe]

Haha and to think, LITERALLY all I wanted was my job back bc I was terminated bc someone didn't like me and the fact that I stood up for myself... Never thought about backpay or anything like that.. I just wanted my job back under a new supervisor and they said "NO".. Smdh.. 3 yrs later.. Welp, got that and then some.. Who would havr thunk 🤷🏾‍♀️🤷🏾‍♀️🙄🙄

[@fightemploymentdiscriminat9836]

I hope one day soon you are in the minority that DOES get rich in this process. 🌹

[@wilinawec6148]

I wanted my job back too, at least for my second/current case

[@fightemploymentdiscriminat9836]

@STR8NATION it happens.

[@123NopeNotMe]

@STR8NATION definitely.. But would you want to is the question. But reinstatement can definitely be a remedy asked for.. Ppl usually think about the money but I was always big on my record bc I was prior service and my record and retirement, tsp, time etc meant alot to me.. Don't get me wrong, I wanted the coins as well but I really wanted to just do what I loved 😮‍💨😮‍💨🥰

[@Rose-ld9cm]

Yes, me too, I just want my job back. They are giving me a hard time. It's weird.

[@tsaints852]

Hey, I want to talked about the compensation part. You are right that it is not about the money. It was never about the money, but is better than nothing. However, this is what I had to learn for the compensation. If you are terminate or have a job rescinded because of discrimination reasons. When the employer or government agencies have to do a settlement. They will want to know if you had a job or was working during the process. If you do tell them or you are force to provide that information. You will have some of your compensation deduct or substrate. Frankly, I don't agree with this rule at all. However, they tried it in the future

[@wilinawec6148]

Thank you for videos like these I’m going up against my former employer. I have quite a few jobs that I could have filed on, I just did not have the energy, discrimination and sexual harassment happens all too often in the workplace

[@fightemploymentdiscriminat9836]

I get that. I was in a similar position, and only had so much energy to fight.

[@multijanni100]

Right. Being nice doesn't pay off in this type of fight. Any slack you give, will just be taken advantage of, and seen as weakness. There is no pay back from the other side for making allowances. You have to play hardball, mercilessly; don't try to accommodate anything, leave no stone unturned. After all, that's what they're doing to you ! It's an uneven fight, as they have open-ended resources etc., but the more you stay at it and tough it out, the more even it gets, and you discover your adversaries are also just cooking with water.

[@Adehead]

I said in good faith that I wasn’t disabled I just can’t breath 6:08 … before I studied ADA Definitions also second year I issues grew into a mental condition which they only acknowledged and only offered unpaid medical leave not ADA-accommodation that was stated by my PCP on several forms. Thanks again Lisa. Discovery is closing Friday. I may have to do a motion to compel for items they did not respond to.

[@fightemploymentdiscriminat9836]

Good luck and take care of yourself. Sounds like a stressful time. 🌹

[@late_to_autism]

I've written down all these tips from your other videos 😂 but it is great to see them in one place! I really appreciate the way you explain and comfort us along the way. This subject hits close to home - my lawyer put in a motion to withdraw right before discovery started, and now I'm back to looking for representation. As an autistic person, it's so difficult to work past the communication barriers in the first place, let alone the unknown traps like these. I've been surviving by learning as much as I can & you're the only creator that I walk away from feeling empowered!!

[@fightemploymentdiscriminat9836]

This is a tough road, and I was pretty clueless about this stuff when I started... but I worked & learned. If I can do it, you can too!

[@ProSePlaintiff]

How much did you pay the lawyer? Did they drop out because no settlement?

[@ProSePlaintiff]

​@@fightemploymentdiscriminat9836 Your lawyer did most of the work?

[@Cma-l5d]

Your advice helps the most in this process. Great details and it seems like you really want to help people while others seem like they just want to make money.

[@SheilaDavis-vi8yj]

This is great information and advice. I have FMLA and I feel that I am treated differently because of it . I have started printing emails so I will have them if the happen to disappear. My FMLA is exhausted and I had to take a non FMLA leave. I hav3 migraines and so, I am doing all that I can but it is so frustrating and distressing that all the back and forth makes me have more headaches.. anyway thank you

[@fightemploymentdiscriminat9836]

I'm so sorry to hear that. Seems like a lot of employers would rather write us off than live up to their obligation under the law. Keep documenting, and if you're ina one-party state, I suggest recording conversations about your performance or illness. Could you work with reasonable accommodation? If so, I would sumit an official request. Also, grab your performance ratings, any awards or "good employee" emails you have and copies of your employer's procedures for FMLA, reasonable accommodation, time & attendance, and discipline and performance. If you're covered by an employment contract or collective bargaining agreement, I'd grab that too. Good luck. And if you're in the private sector, you may want to check in with a local employment attorney to see what they recommend. Sometimes they know how your specific employer handles these things and that can be a real advantage. Good luck!

[@SheilaDavis-vi8yj]

@@fightemploymentdiscriminat9836 thank you I really appreciate you for writing back with some very good advice.

[@ray-hr1pv]

Great video, I handled disability discrimination cases for my federal union, in front off the EEOC administrative judges, I have always tried to let employees know that the truth as they normally know it is not the legal truth. Legal truth is the facts in the case and the way the case is built. The idea is to hook or persuade the judge, sometimes things don't seem true to employees when put in a legal context but the truth based on the facts is completely different than the truth as we normally view it. All words used should help you meet your Burdon of persuasion ( not Burdon of proof ). I once had a case where the judge directly asked the person who I was representing a question he did not know how to answer. He answered I don't Know Why they did what they did ??? Fortunately the context of the question asked by the judge made the answer not that damaging. But the defendants attorney most certainty used it against him at MSJ. She put the answer in a context that favored her. The judge denied the defendants MSJ and we settle the case.

[@fightemploymentdiscriminat9836]

Wow. That's tricky. It's cool that you know the ropes and were willing to help. This is a hard fight. Not for everyone. 🌹

[@thomasbarrett4156]

You’re helping me with my pending discrimination lawsuit. Really considering representing myself. I saw your video on that issue too. Thank you!!!!

[@fightemploymentdiscriminat9836]

Best of luck! I really admire workers who can go all the way pro se. It's a lot to take on. But I know people who do it. Are you in the federal sector or private?

[@belinhell]

I enjoy your videos…especially because my local Division of Human Rights just gave me a No Probable Cause and now I am asking for an appeal with EEOC…. uggg this process is exhausting and depressing, but you don’t want someone to get away with hurting you in any way

[@reginajohnson6534]

Thanks you for this video Lisa! It was very informative and I look forward to your next one

[@fightemploymentdiscriminat9836]

Thanks Regina!

[@stephenprice6792]

#5 equates to “anything you say can and will be used against you in a court of law”. Reason why pleading the 5th is a right in the first 10 amendments of the Constitution.

[@CelebrityTeQuila]

This is gold!!! Thank you!

[@fightemploymentdiscriminat9836]

Glad you enjoyed it!

[@yayAreaDoll]

Thank you for the tips ✨ happy new year!!

[@fightemploymentdiscriminat9836]

Happy New Year! 🌹

[@dnhxusjjs]

thank you your videos have helped me so much 🙌

[@fightemploymentdiscriminat9836]

I'm glad & good 🌹luck with your fight!

[@Vera.ChuckandDave]

Lisa, thanks for the good info!

[@brigitte1215]

Did your director get yearly bonuses? Is there a risk that they would have to return those bonuses if it was determined that they discriminated against you and failed to accommodate you? If yes, and if you filed your complaint 5 years ago, would they have to pay back every bonus they received for the last five years? I'm thinking that this issue alone could answer the "why" question about why they continue to be passive-aggressive and harass the victim - i.e. the motivation. Their intention is to discredit the victim because of what is at stake if the victim wins. The person commiting the abuse may stand to lose a lot of money - the bonus money they earned under false pretenses.

[@keisha772]

EXCELLENT ADVISE

[@krissst98]

Isn’t this common issue with employers treating us poorly creating a hostile work environment?? Retaliation for reporting them?

[@enjoyed10]

❤

[@TheAirlock]

This is a lot like taking the approach when speaking with police officers when detained or questioned. No matter what you've been taught as you've been raised about authority firgures, such as police officers. They're not looking out for your best interest when they stop you and ask you questions. They're looking for information and statements they can use against you.

[@helenewebster9462]

He also covered up Wage and Commission Fraud, etc.

[@Taylormw11]

How do you appeal an EEOC decision? If you said your boss was a jerk?

[@fightemploymentdiscriminat9836]

See the section on "Who May Appeal" here. This is for the federal sector, so if you're in the private sector, some of it may not apply... but I haven't found this info for the private secctor. www.eeoc.gov/federal-sector/management-directive/chapter-9-appeals-commission This is a federal sector "how to" from EEOC. Same disclaimers as above. www.eeoc.gov/guide-writing-appeal-briefs-unrepresented-complainants-eeoc-office-federal-operations

[@123cbsus]

I found one lawyer and file a case on EEOC for the Discrimination and retaliation. seven months, EEOC found no evidence. My lawyer called me and say I have two option. Now either I have to accept the small amount of money or I can file a lawsuit against my employer.. please let me know if you have any suggestion

[@fightemploymentdiscriminat9836]

I think it's rare to get any settlement offer without evidence. If your attorney can make that happen, that's pretty good imo.

[@123cbsus]

They were talking about 8k 😅…. Can your lawyer ditch you ?

[@fightemploymentdiscriminat9836]

@@123cbsus your contract should tell you your attorney's policy on "ditching." But most of contracts have a clause that allows it - under certain circumstances.

[@tarshastrachon3047]

I was offered a job with the mta , during my medical clearance i told the medical Dr. That i have arthritis in both my wrist & knees & that i had ,had 2 heart palpations. What a disaster, she now the MD,wrote to all my doctors that "my medical conditions exceeds the the job requirements " all the Doctors cleared me to work, but now every time i bring her in the medical clearance forms ,she finds something else to ask the Doctor to clear. its almost lke ,she dnt wanna say i cnt work , so she wants the doctors to say it..i filled a claim w yhe eeoc ,im trying to mke an appointment for a interview whi h seems lke another process 🙄 any advice?

[@fightemploymentdiscriminat9836]

I would speak with an attorney because it sounds like this could be a complicated thing. MTA jobs come with all sorts of safety concerns and liability so they may have some valid concerns or they could be just trying to delay in the hope you'll give up. An attorney will be able to help you figure out which of those things is happening in your specific case. I would also make sure all their requests for more info from doctor are documented. Get copies of the job announcement and copies of all correspondence about the hiring. Good luck.

[@mrshadow8096]

Is there a time limit on to call them about my termination. I’m new to EEO not sure where to start

[@123NopeNotMe]

@@mrshadow8096 if you're federal, you have 45 days to contact a counselor frm the date of the discrimination (whatever that may be). Remember, the discrimination has to fall in the realm of what the EEOC adjudicates and has jurisdiction over.. Good luck 🤞🏾

[@helenewebster9462]

He omitted Disability Discriminated Retaliations and false accusations targeted me, Wrongful Terminated,and falsely accused me.

[@karonmccarty9557]

How long did it take before you had a hearing?

[@fightemploymentdiscriminat9836]

Most people I've heard from get their hearing within a couple of years. For me, the hearing was almost three years after my investigation ended. My EEOC field office was incredibly backlogged. And... after a year, my case was transferred to a new Administrative Judge, which also slowed things down. I think if I had made more noise, I probably could have gotten through the system faster.

[@thecongo8505]

@@fightemploymentdiscriminat9836 And how can one make more noises on their case?

[@cxa24]

Never getting rid of these fucking guys

[@supa_cold_ninja]

My call is at 8:30 today I am nervous

[@fightemploymentdiscriminat9836]

Good luck!!!

[@supa_cold_ninja]

@@fightemploymentdiscriminat9836 It didn't work out, they said there was no no one to compare myself to. I was the only person in my position. They said, they didn't really give much of a choice other than to drop the case or file a charge on my own, I can't afford a lawyer. They didn't really do much investigating. they only went off my prior statements.

[@ironluxxtrader9075]

Contact Pines Federal Attorneys for all your EEOC and employment matters.

[@fightemploymentdiscriminat9836]

HEY GUYS: They have excellent reviews, pretty much everywhere I looked - and offices in Texas, Georgia and Maryland (DC area).

[@ironluxxtrader9075]

@fightemploymentdiscriminat9836 I recently retained the services of Pines Federal Law Firm for my EEOC and other employment matters. I have direct contact with my attorney via email, text message, cell and a chat app.

[@dambigfoot6844]

I am wondering if you should mention if you went through an internal investigation process like ethics or HR and the discrimination kept accruing. I have a disability that a coworker diagnosed without my consent and also without my consent has been telling every new employee about to ostracize me. Also the concept of overhearing conversations about you and your disability. “He did this, he can’t blame his Autism”

[@fightemploymentdiscriminat9836]

What a terrible experience! I think a lot of us have had the experience of an internal "investigation" not changing anything. I certainly did. I went through my chain of command and then to HR, union, diversity office. Everywhere I went, they pretended like they might do something, but in the end had my boss's back. Several of them actively helped her avoid accommodating me AND helped her retaliate for my complaint. It's CRAZY how they bent over backwards for bad bosses who willfully violate LAW. But they do. Hope you get some help.

[@dambigfoot6844]

@@fightemploymentdiscriminat9836 Thank you for responding. I am also missing out on the potential for overtime which other employees receive because these employees exchange phone numbers to text and I hear them all the time say to the bosses "(X) can't come in today because (reason)".

[@123NopeNotMe]

🤯 🤯 🤯 Wowww

[@tlcetc4506]

Start keeping a journal if you haven't already and record everywhere, anywhere and any time you can legally.

[@unityaboriginelove6595]

@@fightemploymentdiscriminat9836 - This is what happened to me. I went the "internal "investigation route and they all conspired to try to get rid of me. I'm currently on FMLA because of the anxiety/hostile environment. In the final internal report, it was written that HR guided my managers to write me up and give me a bad performance review. The bad managers said they were taking the guidance of HR. THIS WAS WRITTEN IN THEIR REPORT!! But the "internal" investigation found no discrimination/retaliation. I have an interview with EEOC on Monday. I have written and recorded evidence. I documented EVERYTHING. I can't find a lawyer who will take on higher education institutions. I can't afford an attorney either. 😞