Pam, just a suggestion.  The lady who corroborated my info and I both have real experience with actually having been through the process.  These are separate branches of the government, and her info is correct to the best of my knowledge and experience (I also spent a while online with others who had like complaints being processed).  The only thing that didn't match my understanding of the situation was having to pay taxes on any money received.  My understanding is that judgements are not taxed, but, since my differences with my employer were "resolved" (to my satisfaction) before we got to the end of the process, I didn't have to take it all the way.
   
  There is a narrow window in which to file, and one has to show they exhausted administrative remedy in the process--in other words, they tried to remediate it with the employer first.  When you go through the process with the investigator, they wind up giving you a "right to sue" note.  If you sued first, you'd be that much closer to the end result.
   
  It takes guts to take on an employer and a pinch of insanity because you can be right as rain and have people suddenly treat you quite differently.  In my case, I walked away from a job of 24 years.
   
  In a perfect world, what you indicate would be the case, and I admire your determination to resolve this, but what they tell you on paper and what happens in actuality are two different thngs.  It's like going through other legal matters (I'm thinking of probate at this point).  In a perfect world, you'd get exactly that to which you are entitled.  Fact of the matter is it just doesn't always work out that way.
   
  In my own case, I was able to find an attorney who took on my case for no fee to me.  Upon resolving the situation, one of the bones of contention for the resolver was they had to pay her.  You don't always get that lucky.
   
  

Pamela Silvestri <[log in to unmask]> wrote:
          I don't know how long ago it was that you had been through the process but as far things you've written here, such as Federal judges interpretation of the law, paying for attorney's fees for an out of court settlement and/or one 3rd to the lawyer...doesn't jive with current law. Here is a brief explanation (from a packet I recently received during diversity training) of the Civil Rights Act of 1991 as it exists today:
   
  "The Civil Acts Rights Act of 1991 made major changes in the Federal laws against employment discrimination enforced by the EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of person protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination and provides for obtaining attorney's fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach."
   
  As far as the burden of the victim to prove the discrimination...this is not quite the case...at least it isn't any longer. If the state of Federal agency, upon reviewing the written complaint, decides that it merits and investigation...they WILL investigate it. The possible discrimination as to be evident in the complaint...it is up to the victim to describe how the discrimination occurred and provide details such as dates.  If the victim is not in a protected class, doesn't provide an explanation that may be illegal discrimination and/or if the complaint isn't filed within the proper time period, etc., the complaint will not be investigated.
   
  It is important to remember that the agency will investigate the matter if the written complaint reflects the possibility of illegal discrimination. During this process, the employer will have to provide a response to the allegations. If discrimination does not present itself during the investigation, the agency, not finding strong evidence to support the complaint of discrimination, will close the case. If the finding is illegal discrimination, the agency will enter their decision and negotiate a settlement on behalf of the victim. At this point, the employer, if they dispute/appeal the decision of the agency will be required to prove that the agencies findings were inaccurate and/or not covered under existing law.
   
  Personally, a few years ago I filed a housing discrimination complaint after I was refused a rental. I did this after I was at first, because the landlord refused to give me an application because I didn't have a 'husband'. I insisted on the application, completed it in full and mailed it return receipt. When I followed up, the landlord told me it had been rented...but then I saw they had reran the ad a few weeks later. When I called to try to rent the apartment again, they refused to reconsider my application with no good cause. 
   
  I filed a housing discrimination complaint with Human Right and Opportunities. If this were a 2 or 3 family house/building...my complaint wouldn't have been considered. But because there were 5 units, the landlord couldn't refuse to rent to me based on familiar status (single mother) if I was a qualified applicant.
   
  I had very little to go on as far as 'evidence'. Many times 'hard' evidence won't exist. I had the testimony of my young son (he was questioned by the agency, with my permission) and the return receipt (I hadn't made a copy of the application). 
   
  First thing the agency did was contact the State Fair Housing department to conduct testing. Basically the testing entailed having an investigator call the landlord and posing as a potential applicant with similar circumstances as my own. The landlord turned down the 'applicant' over the phone based on the info provided by the caller.
   
  The agency then requested a copy of my application from the landlord. The landlord, at first did not comply so I then gave the agency the info I listed. Then the agency contacted all my credit, personal, and landlord references to find out if the landlord had even attempted to qualify my application...and the landlord had. At this point the landlord couldn't claim that I hadn't applied (is what they at first claimed), and then they submitted a copy of my application.
   
  Once the agency reported the finding, the landlord contacted the State Attorney General's Office to complain that they were treated unfairly. When that didn't prove to their satisfaction, they hired an attorney. There was nothing the attorney could do except to work with me and the agency to negotiate a monetary settlement -which was an amount recommended by the agency. This amount was more than sufficient to compensate myself and my son (who, as a family member was also considered discriminated against) for what we went through, and was enough to assist with expenses/fees in my continued search for housing and enough to cover deposits.
   
  The landlord had nothing substantial to dispute/appeal the agencies findings. In addition to this, the agency also charged the landlord with breaking another State law related to discrimination - my source of income, which is a law which most State's do not cover (and is not a Federal Law). The landlord had tried to claim that they didn't feel that my waitressing job was a reliable source of income. They got themselves into even more hot water with that statement. My earnings were regular and had met their income criteria to afford this apartment.
   
  I am sharing this experience to show these agencies know how to prove and/or substantiate a complaint. Although I had some evidence, the burden of 'proof' was on the landlord. If this had gone to court, they would have been the defendant. 
   
  Discrimination complaints are taken seriously and are not considered in a whim. The agency was very compassionate and never once, made me feel like I was wrongly accusing someone of breaking the law, etc. I wasn't rattled or anything like that.
   
  For an age discrimination complaint - it is not going to be just a matter of a conversation that took place during a job interview. The agency is going to look at every detail in the employment process where discrimination may have occurred. They are going to ask the employer controlled questions verbally, and in writing to find any indication of discrimination. The employer, ultimately is going to have to prove that the employment process was fair to the applicant.
   
  The agency may also look at past applicants to determine if there's a pattern of illegal discrimination. You can also see where the employer will be required to be compliant.
   
  You don't have to have 'hard' physical evidence and even 'subtle' discrimination may be deemed to be illegal discrimination.
   
  Pam
   
   
   
  In a message dated 9/7/2006 6:52:10 P.M. Eastern Daylight Time, [log in to unmask] writes:
  Indigo is pretty much on the mark about the pursuit of discrimination 
suits, based on my personal experience and those of colleagues.  Even 
if the State and EEOC find merit in your case, that is no guarantee of 
a positive resolution.  Even if it gets to court, federal judges are 
mostly conservative and don't interpret the law the way we'd like.  
Even if you "win" (and that means usually an out of court settlement 
with no admission of wrongdoing) you will still owe attorney's fees.  
And that win may be years in coming, so a person needs to find a lawyer 
to take the case on a contingency basis unless you have bundles of cash 
to pay for ongoing service--but, of course, you may need that  cash 
just to live while you're out of a job and pursuing your case.  And the 
settlement will be nowhere near what a person is actually due, and that 
becomes even less after you give one-third to the lawyer and one-third 
to the IRS.  In contrast with most general law that people are familiar 
with, the burden of proof is on the victim in discrimination crimes and 
there is no prosecutorial assistance from any governmental agency.  The 
police don't come to your aid to arrest the perpetrator.  You're on 
your own.  Your case will consume hours, weeks, months of your time, 
rehashing things you'd sooner forget, listening to falsehoods about 
yourself without showing emotion, telling your story over and over 
again, teetering on an emotional precipice.  Colleagues will abandon 
you and potential employers will be suspicious of you.  If you can 
handle all this, if you have documentation and nerves of steel (and 
someone to help support you)--go for it (I did). Be sure you know what 
resolution you want (what you can live with, especially if you don't 
win).   Remember that regardless of what the law says, reality may be, 
and usually is, far, far different.


  

   
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