Can a EEO complaint supplement a case file after AJ decision by before Appeal?

I am in the midst of a 4 year EEO case which is going to hearing in 2weeks. I have a sneaking suspicion that I will not prevail, and I will have to appeal the judge's decision.
My question....Can an EEO case filed be supplemented after a final AJ decision and before an appeal to the EEOC.

2 answers  |  asked Jul 15, 2011 07:18 AM [EST]  |  applies to Pennsylvania

Answers (2)

Doris Dabrowski
Employees of the federal government may request a hearing
before an administrative judge. Are you a federal employee?

Both federal government and private sector employees have a right to a file a lawsuit in federal district court after the end of administrative remedies.

You should arrange a consultation with a lawyer to review the
documents in your case. Doris Dabrowski, 215-790-1115

posted by Doris Dabrowski  |  Jul 15, 2011 08:14 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, I am a little unclear on the exact status of your case. Generally, claims are brought first to the EEOC, you do not appeal to the EEOC. If you have a hearing before the EEOC, the person conducting the hearing is not an ALJ (Administrative Law Judge), but merely a referee employed by the EEOC. The 'hearing' is really nothing more than a meeting. If you need to appeal an adverse decision afterwards, you would generally file a complaint with the Federal District Court for your jurisdiction; the claims in that complaint would have to fairly match the claims in your EEOC complaint. There are some instances where claims that have not been specifically raised before the EEOC, but the facts of which have been alleged and reviewed by the EEOC and disclosed to the employer, can allow you to raise those specific claims before the Court.

If you have a hearing through a union contract before an arbitrator, or some other process,my comments might change.

The first question, then, is which agency or entity is investigating your claim? The second question is whether your claims are in part pursuant to or governed by a contract or collective bargaining agreement.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Jul 15, 2011 07:36 AM [EST]

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