Discrimination in the Workplace. Our Letter from the EEOC!

It's here! This is a copy of my final determination letter. This is what you're hoping to get when you file your claim. Last year, over 23,000 sex-discrimination claims were filed with the EEOC but only 7.1% were found to have reasonable cause. This is my letter of reasonable cause. Our former employer was found guilty on four counts of sex discrimination, four counts of retaliation and yes, violations of the ADA (though not shown in my letter here). (Names have been x'd out for confidentiality.)

Determination

Under the authority vested in me by the Commission, I issue the following determination on the merits of the subject charge.

Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964, as amended. Timeliness, deferral, and all other requirements for coverage have been met.

Charging Party alleges she was discriminated against based on her sex (female), was subjected to different terms and conditions of employment based on her sex, and was retaliated against when she was discharged from her Sales Associate position on August 5, 2004.

Respondent denies the allegations and contends the Charging Party was discharged due to her conduct in conjunction with an e-mail she sent whereby she gave the company an ultimatum; and that the Charging Party never informed any management official of discrimination or harassment or utilized the internal hotline phone number to voice her concerns.

Evidence of record indicates the Charging Party and three other female employees held a meeting with a management official on July 30, 2004, to complain about the disparate treatment. There is no evidence that the Respondent made any effort to address the workplace concerns the four females brought forth during the July 30th 2004, meeting. However, soon after the meeting, Respondent discharged two of those female employees, and the other two were constructively discharged. There is no evidence that the Charging Party had any prior discipline related to her attitude or nature of conduct.

Based on the above, I conclude that there is reasonable cause to believe that Charging Party and similarly situated female employees were subjected to different terms and conditions of employment and disparate treatment based on sex, and that on August 5, 2004, Charging Party was terminated, based on her complaints of July 30, 2004, in violation of Title VII of the Civil Rights Act of 1964, as amended.

Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The confidentiality provisions of Sections 706 and 709 of Title VII and Commission Regulations apply to information obtained during conciliation.

If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission.

Enclosed is a reply form for the parties to indicate their interest in participating in conciliation discussions. Failure to provide an affirmative response to the Commission within ten (10) days of receiving this Determination will indicate an unwillingness to engage in conciliation efforts.

On Behalf of the Commission:

XXXX
Field Office Director