I filed a discrimination charge against my company with the EEOC on September 2002. And on June 2003, I was demoted without an explanation at all. I would like to know what to do next. If I should go back to the EEOC or try to resolve this issue internally, since my employer recently introduce a mandatory arbritation system. What Should I do?

1 answer  |  asked Jun 20, 2003 04:18 AM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
Retaliation is a separate claim

If you believe that your demotion was done in retaliation for your having complained to the EEOC, you can file another charge. A charge of retaliation is separate from the original charge of discrimination and must be treated as an entirely new claim. Of course, it is always a good idea to complain internally before going to an outside agency, but if you think that this would not be productive, you can go directly to the EEOC and file your new charge.
The fact that the company has a mandatory arbitration policy does no preclude you from filing a charge, nor does it preclude the EEOC from investigating the charge or taking other action. Even if you are required to use the arbitration process to resolve the dispute, the EEOC investigative process is helpful if not essential to making your case.
Incidentally, the length of time between the filing of your charge and the demotion may make it difficult for you to connect the two events. Usually courts won't draw a connection between a complaint and a subsequent act of retaliation unless the time between the two is quite short. You may need to find other evidence to connect the two events.

posted by Francis Fanning  |  Jun 20, 2003 2:53 PM [EST]

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