EEOC Federal vs state case, confused.?

Question

I've had an EEOC case filed for almost 3 yrs now for disability discrimination. They still have not determined whether it will be investigated.
The first investigator assigned just yelled at me and didn't understand anything I was saying.

I complained, and the Acting DIrector called. He listened, but then forgot about me, twice. I couldn't get them to contact me again. I complained to the main office, and the Actg. Director called me again. Now he is so sweet and says I have a good case.

It's a complicated case, but it seems like that is what they do and it wouldn't be so hard for them to comprehend.

We're now down to the final gathering of information, and the EEOC man 'just' realized that I work for the state, and said he only handles Federal cases. After all this time needed to comprehend the facts, he's going to have to turn this over to someone else!

I called a few attys, they said you don't usually get an atty until the EEOC decides whether or not to file. True?

Answer 1

Typically, discrimination cases require that you file a complaint with the EEOC or its State counterpart as the first step in the process. It sounds like you have taken this step. The agency will decide whether to prosecute the case on your behalf or they will send you a letter authorizing you to bring a lawsuit on your own. Most complaints are not prosecuted. If you have a good case, you would probably be better off just getting the "right to sue" letter and proceeding on your own. The investigator sounds like he just does not want to pursue your case. The fact that you are a state employee does not deprive the EEOC of power to act. It may be true that the particular investigator you were assigned is not comfortable with cases involving the State but he/she should have known that the first time he picked up the file.

Answer 2

The attorney is right, you have to wait and see what EEOC decides first.