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Expediting an EEOC Case

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Last Modified: May 7, 2010

Dear OncoLink "Ask The Experts,"

What can I do to expedite an EEOC case I have involving my former employer. I really think they are stalling...waiting for me to die!

Rodney N. Warner, Staff Attorney at The Legal Clinic for the Disabled, Staff Attorney at The Legal Clinic for the Disabled, responds:

I looked at the EEOC website, and the regulations, and I can’t find anything about getting an "expedited” investigation, unless you’re a federal employee and an administrative law judge is involved.

According to the website, in 2004, the average investigation took six months. If you are severely ill, and if you are close to death, you need to make that point to the investigator, to make sure you’ve given all the evidence you can give. I’d suggest you ask, as nicely as you can, why the delay? Is the investigator waiting for something from you? Your doctor? The respondent? Is there anything you can do to move this along?

If respondent is dragging its heels, suggest to the investigator that it’s had an opportunity to present it’s side of the story, and if that opportunity hasn’t been taken advantage of, the investigation should proceed anyways. If the investigator has gotten all the evidence it wants, but simply hasn’t written up the case, I’d suggest writing a letter to the investigator’s supervisor and to whomever is managing that particular office.

This question and answer was part of the OncoLink Brown Bag Chat Series, Legal & Financial Challenges Facing People with Cancer. View the entire transcript here.