I am female and currently have two discrimination with the EEOC against my employer,with one including retaliation. The first one was aug 2006 and the latest was feb 2007. I work in a predominatley male industry, with one of the large railroads. I have been turned down for promotion on 7 occasions in favor of a younger white male. The company issued its positon statement which I received from my investigator yesterday. I asked for a copy but she said she could not issue me one because it was confidential. She read it to me and told me that I now have 10 days to write a rebuttal statement. Some of the things in their statement were..."he was selected because he has better leadership skills"......"we dont promote people to there home location"...even though several males are at home location. So i was just wondering if someone had tips on how to write a good rebuttal...points to focus on...or a link to a good website....thanks
05-09-2007, 08:24 AM
The company issued its positon statement which I received from my investigator yesterday. I asked for a copy but she said she could not issue me one because it was confidential. Huh? In my experience, these statements are always shared with the opposite parties. You're supposed to write a rebuttal to something you haven't personally read and don't have a copy of? Call back and ask to speak to the manager.
So i was just wondering if someone had tips on how to write a good rebuttal... The best advice any one can give you is to speak with a local employment law attorney. You are at a great disadvantage in not having counsel represent you through this process plus the scope of your question FAR exceeds what's possible to provide on a public bulletin board. Only someone very familiar with the particulars of your claim and who has significant legal experience can advise you on this.
05-09-2007, 01:36 PM
I can't remember off hand whether EEOC will give the Charging Party a copy of the employer's position statement during the course of the investigation. I tend to think they won't, but the investigator certainly can provide you with the investigator's written summary of the main points of the position statement, particularly, the employer's legitimate non-discriminatory reason (LNDR) for taking whatever action you are contesting and any information supporting that reason. I suggest that you contact the investigator and ask for a written summary. If that doesn't work, ask the investigator to re-read the statement and take verbatim notes as s/he reads it. Ask the investigator to read it slowly enough so you can do just that.
Your rebuttal is basically your attempt to show that the employer's LNDR should not be believed or accepted and that it is pretext or simply an excuse to mask the real reason for its action, which is your sex or the fact that you filed a charge (or whatever your protected activity was).
If the company argues that the selectee was better qualified, you need to show that you are better qualified or the qualifications that the company says make him better qualified aren't normally considered for promotion to the job you sought. Provide information on males without those qualifications who have been selected.
If you know, you can dispute the employer's contention that the male has better leadership skills and/or demonstrate your better leadership skills. However, that's sort of tricky, until you get the employer to define leadership skills and how they measure them.
If the employer states that "we don't promote people to their home location," a viable rebuttal would identify males who were promoted to their home location.
If your employer has never promoted a female to the kinds of jobs you sought, even though there were qualified female applicants, that should go in your rebuttal. It's best to be able to identify some of the females who applied, but weren't selected and provide whatever details you have on the selections.
You don't have to provide a polished legal brief couched in the applicable legal framework. Rather, EEOC needs information to show disparate treatment. And, that's something you should have to back up your allegation that you are being discriminated against because of your sex.
Rebutting a retaliation charge is a little different, but fortunately EEOC's Compliance Manual Section on retaliation provides a good discussion and some very helpful examples. You can access it at http://www.eeoc.gov/policy/docs/retal.html
I'm not sure I understand your facts. Are you stating that you and the same white male have competed for the same job seven times? Or are you alleging that you have applied for promotion seven times and each time a younger white male has been selected? What's the relevance of age and race, given that your charge is based on sex and retaliation?
Now that I think of it, I don't know of any EEOC requirement that your rebuttal has to be written. You can provide the information in a conversation with the investigator. However, I prefer to put such information in writing, to reduce the possibility of any misunderstanding.
05-10-2007, 12:53 PM
I have applied for different positions and males are selected instead of me. The reasons for why they are selected changes to meet the companies whim.
For example...I have worked with this company for 9 years...they hired a male who does not work for the railroad of any railroad previous...reason given...he has a batchelors degree ....example 2 I have 2 year associates degree...I apply for promotion another male with less experience who I helped train with no college degree is selected. reason given..."he has demonstrated better leadership skills....and so it goes on and on...It is a well known fact the good old boys system is alive and well at this employer...and I can certainly see how...I never realized what kind of a process a person must go through to even be treated fairly. Thank you for all your replies...It gave me some ideas on how to put things together.
05-10-2007, 12:57 PM
please overlook spelling....bachelors....When i write my rebuttal it will be much more professional lol
05-10-2007, 01:11 PM
You should include in your rebuttal whatever facts support your belief that the company operates on a good ole boy system if the facts show that the operation of that system disadvantages women. For that, you are not limited to promotion decisions. You are trying to present evidence that shows a bias against women or women in certain positions or whatever.
You indicated that you've been with the company for nine years and haven't been promoted, even though you have applied. Is that wait pattern pretty typical, only typical for women, only typical for you? Can you point out males who started around the same time as you in similar positions who have been promoted?
05-10-2007, 01:50 PM
No it is not typical to work a job especially at the level I am and not be able to be promoted if you are interested...Had I been male I am POSITIVE I would have been the top candidate for several of the jobs. One male I worked with in the field has NO college...he was promoted withn his home terminal...and now he holds one of the like postions I have applied for...and as I say this is one example....
05-16-2007, 05:41 PM
First of all I would like to say thank you for the helpful information that was posted for me. I sent rebuttal letter off to EEOC. Can anyone tell me what the next step is?
05-17-2007, 09:02 AM
I suspect EEOC will review the information you have submitted. However, you really need to ask the investigator handing your charge, what the next steps are.
You can find a brief synopsis of EEOC's procedures at http://www.eeoc.gov/charge/overview_charge_processing.html. However, it doesn't contain the detail that you need. So, it's best to talk with the investigator.