First of all, I know that I am at a point in this process where I should probably just throw up my hands and go home,. It has been four years and a lost civil suit BUT....
I have discovered that the EEOC did not require my former employer to submit the information requested by the EEOC investigator. The only response they EEOC received was that he would "respond to the questions of a previous request" because "personalities have changed". My former employer is a State agency with a retention schedule for the EEOCrequested records and information. Regardless, the EEOC did not require the information. (personnel files and a list of employees hired between certain dates) They allowed him to control the investigation. I received a right to sue; sued and lost.
If the EEOC had insisted my former employer answer their questions and provide the information, it would have been apparent that I was the victim of compound discrimination (black female) before they issued a right to sue. Instead I had to fight a civil suit for "race" discrimination ONLY. Turns out the respondent hated my race when it combined with my gender. By the time we discovered the truth, it was too late to amend the charge.
My civil case exposed several lies that were presented by my former employer when they responded to my charge; that is a felony. I requested reconsideration from the Atlanta District EEOC office. First, the Director writes that the EEOC has no jurisdiction after the 90 day right to sue. Knowing that is a lie, I try again, gently reminder her of the CFR statutes that place no time limits on the EEOC. This time she denies for lack of evidence in the existing file. Both of my communications told the Director that the respondent had lied to the EEOC during its investigation and that new evidence from my civil case proves compound/intersectional discrimination. Because she is not the only person who can reconsider a case, I contact EEOC in Washington for help. There I am told the first thing they have to do is get the case file. Today I learned that the Atlanta Office destroyed my file in February. Interestingly enough, the second denial for reconsideration was sent to me on February 9th. Considering that the Director knew I was attempting to have my case reopened and that I had alledged felony behavior from the respondent, her destoying the case file before I had the opportunity to completely persue my efforts seems more than questionable.
Comments, thoughts, suggestions??? I would love at least one encouraging word.