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How can I sue the EEOC for dereliction of duties and failure to meet congress mandate

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  • How can I sue the EEOC for dereliction of duties and failure to meet congress mandate

    In 1998 I filed charges of racial discrimination and harassment than I was retaliated against by the employer and terminated 6 months later.

    The EEOC investigated the case poorly and gave me a letter of right to sue.

    During the investigation, the EEOC investigator refused to investigate electronic data or evidence that supported my claims and charges. He also refused to contact my most crucial witness. He than absolutely refused to address or take issue of my complaints of perjury, fraud, obstruction of justice and conspiracy. IN 2004 my case was dismissed by a racist and bias arbitrator.

    Just this month November 2007 one of the employers witness issued a retraction letter stating he lied and committed perjury against me in 1998 and he is now stating he was fully aware of facts that supported my case and charges.

    Now that this witness is coming clean and say he lied it clearly demonstrates what the truth was and it supported my case and it demonstrates that had the eeoc investigator followed through and investigated the electronic evidence and contacted my most crucial witnesses he would have discovered my claim and story was true and supported by his findings. But he failed. He refused to investigate the electronic evidence, he failed to contact my most crucial witnesses and he failed to address the crimes of obstruction of justice, perjury, fraud and conspiracy. Had the the EEOC done a competent job and not refuse to investigate the electronic evidence, crucial witnesses and address my complaints of perjury, fraud, obstruction of justice and conspiracy
    I would have won my case. Had the EEOC conducted itself in a professional manner and competency and exercised a level of standard practiced in the legal community I would not have lost my case. I would not have suffered even more. My family would not have suffered. The EEOC exacerbated the matter and caused even more harm, to me and my family.

    It is a shame that a government agency charged to preserve and protect our civil rights perform in such a poor and incompetent manner and actually refuse to do its task and job it is charged to perform on behalf of the public.

    The question now is that if the EEOC knowingly, willingly and intentionally refused to investigate crucial and important evidence and witnesses when it was requested and ask to do numerous times, can they be held accountable for dereliction of duty. Isn't the EEOC mandated to meet a certain criteria or standard?

    Do I have enough evidence and grounds to file a law suit against the EEOC?

    If the EEOC willingly, intentionally and knowingly refused to take the necessary steps and action than can it not be held responsible for its failures and incompetence?

    It is absurd to think that victims of racial discrimination and civil rights violations can only expect a poor and substandard level of performance from the very federal agency charged by congress to preserve and protect our rights. Who is ultimately responsible here for such a failure, the EEOC or the Congress of the united States for negligence and failure to hold the EEOC accountable?

    Why isn't the EEOC held accountable?
    Is it because the United States Congress is a racist institution that is insensitive to civil rights violations and racial discrimination?
    Is the Congress and the Senate just doing enough to win our votes and appease the minority community or are they really interested in eradicating racial discrimination and harassment at the workplace?

    I want to know can I hold the EEOC accountable in a law suit? I believe I have enough evidence to demonstrate the EEOC was not only negligent but also it refused to act on important and crucial evidence that would have proven my case had they had simply not refuse to investigate these evidence.
    Of course the evidence is now clear by a hostile witness coming forward and admitting he committed perjury and fraud. The point here is that had the EEOC done its job and acted on the evidence and proof I provided it to investigate they would have learned the truth 8 years ago instead of a hostile witness coming forward and telling the truth supporting my case and charges.

    How do I sue the EEOC now that I have plenty of evidence and proof that they knowingly and willingly refused to investigate crucial evidence that has now surfaced as true and supportive of my charges? MY point here is that the EEOC was provided these evidence and proof to investigate and substantiate and they refused to act on them believing I was lying and believing I was untruthful because

    Any ideas? I know that I would have to get a federal court to allow or permit to be able to sue the EEOC. I would have to show cause that EEOC has to be sued to remedy its failures and be held accountable.

  • #2
    You can't sue the government because of the doctrine of sovereign immunity, which prohibits law suits against the government unless the government waives its immunity and consents to be sued.
    I am not able to respond to private messages. Thanks!


    • #3
      Process of Government waiver

      As a minority I firmly believe giving immunity to any agency or office is not only unfair and immoral but racist and discriminatory. It is nothing more than people of color, minorities and their civil rights issues and violations are insignificant and unimportant to the government and thereby the government being by the people and for the people is at odds with the people.

      Their position on this is nothing more than a discriminatory position that allows the EEOC to get away with poor representation of civil rights of minorities and it effects minorities the most.

      It is unconscionable to have a government agency that is mandated to preserve and protect the civil rights of people and minorities actually be immune from charges of dereliction of duties and incompetence.

      BY not allowing minorities to question and hold the EEOC accountable the government is actually perpetuating and condoning the practice of unfairness, racism, and injustice and inequality by not having to meet a standard and level of competence practiced in the legal community and other areas of the community.

      THis has to be changed, it has to be challenged and the EEOC must be held accountable otherwise the government is really stating to minorities our problems, issues, pain and suffering are all not that relevant and is not deserving of meeting a standard or level necessary to really stop and eradicate racial discrimination at the work place.
      If you will notice this immunity the EEOC enjoys only effects discrimination victims and those are mostly people of color and minority group which makes it a moral issue and a racial issue.
      If we are to truly have fairness, justice and equality than we must start by having a level of standard that leaves no room for willful neglect, incompetence, and failure by ineptness of the EEOC.
      Surely the minority community is deserving of a much higher standard of practice by the EEOC and the government when it comes to civil rights. In a country known for civil rights violations as a standard practice, its history of violence, its past and even recent events of nooses, and racial hatred, unfair sentencing, racial profiling, and so forth the minority community is treated with the least amount of respect and dignity and is provided the least amount of time, energy and money for their pain and suffering at the hands of the racist and hateful society. I would like to paint a pretty picture but there isn't one to paint on this issue.

      Surely there must be a way for minorities to change and correct the substandard performance of services by the government when it comes to people of color. We have seen it time and time over and over. Take a look at the Katrina issue, Rodney King and many other hateful and violent acts against minorities.
      I see no reason why minorities cannot expect a higher standard of practice by the government agencies when it comes to racial unfairness. We are not any less deserving of full and complete justice and equality. What is wrong with expecting nothing but the ultimate truth? Why is the EEOC protected? To protect the EEOC the government is doing it at the expense of the minorities and their paid and suffering and that is immoral and unfair. it is morally indefensible.

      I don't see why we cannot expect to hold the government responsible and hold the EEOC responsible and accountable for its incompetence and failures. After all this agency is funded by the tax dollars and its employees must be expected to perform at a level of service conducive to the standard necessary to meet the mandate of the people.
      I hope there is a way someone can come up with to compel the courts to allow a law suit against the EEOC. Perhaps a Cass Action suit might be the answer.
      As far as I am concerned any judge, court or judicial system that is insensitive to the minority issues in this regard is a racist institution and or judge. To simply refuse and deny minorities the right to question and hold the EEOC accountable for its actions is nothing more than institutional racism. It must be changed otherwise victims of racial discrimination are victimized all over by the very agency that is charged to preserve and protect their civil rights and thereby compounds their pain and suffering and perpetuates and condones racial discrimination and hatred. As you will agree in my case, the investigator, his supervisors and their supervisors simply refused to perform their duties and act and investigated evidence and witnesses supporting my case. Why would investigators refuse and not want to investigate crucial and important to establish the truth and prove my case? I was not asking for a summit between two countries or asking for brain surgery. I was simply asking them to do their job as investigators and investigate every piece of evidence and witness that supported my claim and charges of discrimination, retaliation, fraud, obstruction of justice, perjury and conspiracy which have all been established and proven now by the employers witness issuing a letter of retraction and statement under oath that he lied and committed perjury against me. I now have a statement from this hostile witness who is finally stating he lied and that he is now stating I was retaliated against, discriminated against and so forth. The point here is that had the EEOC investigator done his job, simply done his job for he was paid to do and followed up on the evidence and proof I provided him and substantiated them he would have found I was telling the truth and the employer and its witnesses were lying and obstructing justice. I would not have had to wait 9 years for the truth.
      So now you can see why it is important for minorities, victims of racial discrimination and people in general to be able to question and hold the EEOC and all other government agencies accountable. The EEOC does not deserve protection. It needs to be held accountable or otherwise abolish it altogether.
      Last edited by Wailuku; 11-30-2007, 01:27 PM. Reason: sentence structure


      • #4
        I don't think you understand EEOC's role, the laws it enforces or its responsibilities.

        The EEOC does not represent minorities or any other group. It represents the US Government and its interest in ensuring compliance with its laws. Further, the EEO laws EEOC enforces are not limited to minorities. The laws prohibit discrimination because of race, sex, religion, national origin, color, age and disability. Therefore, they cover everybody.

        Regardless of EEOC's processing of your charge, you had the right to file a lawsuit in Federal District Court on the ultimate question of whether you suffered illegal discrimination. Had you filed a lawsuit, you could have called your witness and asked your ex-employer to produce the evidence you wanted, assuming the judge agreed that it was relevant. It is the Court which determines whether an employer has violated the EEO laws. That's the way Congress wrote the law and how the Courts have interpreted it.

        There is ongoing concern about the general effectiveness of the federal government. Those concerns apply to the executive branch, Congress and the Judiciary. People talk about it, but there doesn't seem to be much action or progress.
        Last edited by mitousmom; 11-30-2007, 01:30 PM.


        • #5
          Do you suggest I sue the government rather then the EEoc

          Thank you for your attention. What do you suggest, do I sue the federal government than because someone has to be held accountable. If the EEOC is an extension or arm of the federal government than the government must be held accountable.
          Is the government immune in this regard than? Why can't I sue the government?

          Something has to change, people of color, minorities and all other class of people cannot be left at the hands of the inept government and agency.
          If the EEOC is immune, than is it possible to sue the government? Someone has to be held accountable.
          It is my understanding that congress established the EEOC a year after they enacted the civil rights act to provide protection of civil rights of people of color and minorities. As I understand it, the EEOC did not exist prior to the civil rights act which was enacted to deny whites their free will to hate and discriminate, hang and violate people of color and minorities.


          • #6
            Originally posted by Marketeer View Post
            You can't sue the government because of the doctrine of sovereign immunity, which prohibits law suits against the government unless the government waives its immunity and consents to be sued.
            The OP must have missed this on several occasions or be unwilling to believe that it is true.
            Last edited by ScottB; 11-30-2007, 02:04 PM.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


            • #7
              I do understand but have a hard time accepting

              Obviously it s unfair and unjust because it denies people the ability to address a major problem in our society.

              Because it is immune does not mean it cannot be changed to be held accountable.

              What needs to be done is to force a change so that the government is held accountable.

              If it stays this way, the government is not serving its people or at least the minority community and is not serious about protecting the civil rights of minorities.

              SO do we just accept it knowing it is wrong and it perpetuates racial discrimination?


              • #8
                So lobby your congressperson.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                • #9
                  You can't sue the federal government.

                  You are not the first person who has complained about EEOC's performance. It's been an on-going complaint for years. Organizations and people have tried to sue on the question; but it is well established that you can't sue the federal government, unless it gives permission and it hasn't.

                  Regardless of what prompted the passage of Title VII or when EEOC was established, it was not designed to represent or protect minorities. It was created and charged by Congress to ensure that covered employers didn't violate the provisions of the law, which covers everybody.

                  While you may disagree with how EEOC processed your charge, an objective review by someone who knows EEOC's role and who knows what is necessary to prove illegal discrimination, might conclude that EEOC processed your matter correctly. Your recourse was to sue your employer on the question of discrimination.

                  I don't think that there is anything meaningful that you can do now. You can always complain to your congressional representatives. However, you are complaining about something that began almost ten years ago.


                  • #10
                    mitousmom- The OP might not have had the right to sue if he signed a ADR agreement with his employer. If he did, the employer could have moved to compell arbitration.

                    In any event, the EEOC is not responsable for the OP's poor performence during arbitration.


                    • #11
                      The OP said that EEOC issued him a Notice of Right to Sue.

                      Quite frankly I don't understand the reference to an arbitrator. Nowhere else does the OP mention anything remotely related to arbitration. I assumed that he was calling the decision maker at EEOC an arbitrator.


                      • #12
                        It did not occur to me that the OP could have considered a right to sue letter as a dismissal of his case.

                        There is a huge time difference between his report to the EEOC in 1998 and the "dismissal" in 2004. The EEOC may be slow, but I don't think it is that slow. The timing diference and the reference to an arbitor are why I think the case was arbitrated.


                        • #13
                          I am going through the same situation with the EEOC. I can understand how frustrating it can become. After a year of waiting, my case was dismissed after a 15 minute conversation, without the investigator looking at any other documentation. She focused her attention on the employers' response and comparative data. And ended the conversation with you can always file in federal court. I've contacted my representative and senators.

                          I'm like whats the point of this organization if they are taking forever to process charges and so quick to dismiss cases.


                          • #14
                            Everybody but the victims benefit

                            First of all, I gave all of the necessary evidence and proof, but the EEOC was incompetent and failed.
                            Perhaps the government ought to stop leading minorities and others to into think it is their for us minorities. From what you are saying it is not here for minorities or their civil rights.

                            I can say that white lawyers, judges, arbitrators and everyone else is still benefiting by being involved in the never ending discrimination except the minorities and the victims of racial discrimination. You guys seem to make it sound like I am perhaps the problem because of my race and color. The prblem lies with the congress, the senate and our white majority ruled government who have ignored victims of racism and hatred. I did not create problem. I cannot help it if I am a person of color and of a race other than white. I am sorry that is just the way I was born and I am happy with it. THe problem is the hate mongers who cannot stand to anyone of color or different race live and breath the same as them.
                            Anyway, everybody but the victims benefit because they get to represent one side or the other, than you lawyers, arbitrators and judges and others in the system earn a living and personally gain from the pain and suffering of the
                            victims of racism.

                            BY the way the arbitration did take 6 years to end up in dsimissal and the EEOC investigation took 6 years as well because the EEOC investigator sat on the case to allow time to erode to favor the employer. The arbitrator also took 6 years because the employers attorney, the arbitrators schedule and everything else in between got in the way. I as the victim had no control.
                            THis is why the statute of limitations is unfair and unjust for minorities because lawyers, employers, arbitrators all use it to erode time and cause statute of limitations to expire.

                            But the fact of the matter is that the arbitrator did take 6 years and he refused to address the crimes of perjury, fraud, obstruction of justice and conspiracy I complained about. He refused to address these issues to provide every advantage to hie client the employer.

                            The EEOC investigator took 6 years as well from 1998 to 2004. Why he took 6 years to conduct a lousy and incompetent investigation I don't know. All I can think of is that he was befriended by one of the employers witness because they were both of the same Latino race, and spoke the spanish language and took a like to each other and perhaps the 12 to 14 of the employers witnesses all submitted false and fraudulent statements against me and those fraudulent and perjured statements outweighed my claim of retaliation and discrimination.
                            Yes it is true perhaps the investigator saw no need to investigate any evidence I provided to him over the number of affidavits he received by the employers witnesses that overwhelmed him.
                            You see the investigator was convinced I must have been lying and the 8 to 14 affidavits submitted against me by the employer were all valid and truthful.
                            Although I complained to the investigator and the arbitrator the employer and its witnesses were lying, obstructing justice and committing fraud and conspiracy but the investigator knew too well his own judgment and refuse to act on my complaints or evidence. The arbitrator also refused to address the crimes of obstruction of justice, fraud, perjury, and obstruction of justice.
                            So you the arbitrator had a personal interest in not allowing for a subpoena to investigate electronic evidence supporting my case. He was protecting his client the employer who paid for his services. The arbitrator was just plain incompetent and unsophisticated to see the need to address my complaints of obstruction, perjury and fraud by the employer. He was so convinced by the employers affidavits that he did not see any reason to address my complaints or investigate any evidence that supported my claims of fraud, perjury, obstruction of justice and retaliation by the employer.

                            So everyone was working in their own interest in order to deny me my civil rights and fairness and justice.

                            But now everyone, the arbitrator, the investigator and the employer and its witnesses have been proven wrong by me.
                            One of the employers witness was forced to come clean and he finally stated he lied against me and he committed fraud and perjury against me. He finally admitted I was telling the truth and that he was aware the facts as I have always claimed them to be and it supported my charges of discrimination, harassment and retaliation.

                            So you see a key witness has now issued a signed under oath and notarized statement through his attorney that states they all lied and committed perjury and obstructed justice.
                            So in the end the truth prevails and supports my position I have taken since 1998.
                            It is not I who screwed it up. It was the arbitrator and the investigator.
                            Yes you might not have heard of a investigation taken so long by the EEOC but it does happen and it happened to me.
                            And yes the arbitrator took 6 years, from 1998 to 2004 dismiss the case in the end. he had every reason to delay, deny, and obstruct justice by abusing his authority under the color of the law.

                            I am writing to the FBI for their role in denying me fairness and justice. I believe they played a part in the conspiracy to delay, deny, erode time and not allow due process under the color of the law.
                            I hope and pray the FBI does investigate and throw them in jail.
                            I believe they might have some immunity but not to commit crimes under the color of law do deny my my civil rights. I want the arbitrator and the EEOC investigator prosecuted from crimes. These guys are criminals when they deny me my constitutional rights, equal protection of the law and justice under the color of law. They used their authority to wrongfully deny me my constitutional rights period.

                            I hope I have cleared up any misunderstandings here. The fact remains I was right and said the same thing from 1998 to 2004 and still today. Noe that one of their witness has come forward it only substantiates my position I have stood by from the beginning that I was telling the truth and the employer and its witnesses were lying. The fact is the arbitrator and the investigator were both bias and prejudice.
                            You probably think this is impossible, how can so many witnesses lie on behalf of the employer, it must be true. But it is not true. They lied and I have proven it just this month of November 2007 by the statement from one of their own witness. Believe it, 10 or even 20 people can lie and commit fraud and perjury. Just as all white juries convict minorities wrongfully all the time because they see the minority as inferior and of criminal mind. it happens all the time. And yes it happened to me in this case and I have the facts and evidence to prove it.

                            There is a need to change or abolish the EEOC. It is wrong for the government to lead minorities to believe it is working for our civil rights. it wrong and immoral to lead victims of racism to believe they are working in our interest. It is no different than the employer violating our civil rights.
                            lets stop wasting the tax payers money and abolish the EEOC and have the District attorneys and police investigate these civil rights violations. Lets make racial discrimination a criminal matter and have the police investigate and prosecute the hate mongers. Lets fire everyone at the EEOC because they are useless and incompetent.
                            I believe the police will do a much better job of investigating these civil rights violations than the EEOC and they will have to perform and at least they will held accountable for their failures and incompetence.


                            • #15
                              Then lobby your elected officials for change. There's nothing more that anyone here can tell you.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.