EEOC case - Age discrimination plus, Administrative Judge over 240 days non-responsive after each party disputed summary judgement

Lome1

New Member
Jurisdiction
D.C.
The XXX (the Agency), accepted for investigation the following claim of XXX (Complainant):
Whether Complainant was subjected to discrimination and harassment/hostile work environment (sexual and non-sexual) based on sex (female), age (YOB: 1963), national origin (Hispanic), and reprisal (instant complaint) when: 1. On or about xxx, 2022, a management official made sexual harassing comments to Complainant;
2. On or about xxx, 2022, management placed Complainant on administrative leave after reporting sexual harassing comments;
3. In or about xxx, 2022, management did not approve Complainant's telework agreement and allowed the agreement to expire;
4. On or about xxx, 2022, a management official forwarded Complainant an email containing an online offboarding procedure;
5. On or about xxx, 2022, management amended Complainant's timecard to absence without leave (AWOL) for 40 (forty) hours; and
6. On or about xxx, 2022, management terminated Complainant from federal service.
Fast forward I am at the last piece of boxing (per se) with the agency's legal representation, where summary judgement was filed, I disputed every single item, then legal representation returned it disputing everything of my dispute. The add-nauseam amount of boiler plate on their side still is scornful and offensive, and the AJ apparently is ignoring we all could catch a glimpse of other cases and other clients names mixed in my case materials where proofreading was absent, zilch, absolutely inexistent. Meanwhile, I am homeless, destitute and have my career path destroyed by a vile ambush motivated from age bias, and the scorn continues right on my face where legal representation continues to request and to feel entitled to all time extensions because of time to visit and provide care for a "grandmother". I bet you with my soul, there might be a grandmother, but nothing to validate the goodwill of a good granddaughter, but AJ did not bulge like I am the only one to justify my absences with proof.
I heard nothing from AJ since 10/24/23 since the SMJ, nothing decided. I don't have notices of what the deadlines look like from that forward. And once in the beginning transactions the AJ scolded me in the presence of the agency's legal representation because I suggested an amount to settle beyond that their rulings are, which I did not understand. The AJ suggested I could not possibly be making a bona-fide statement, and from there proceeded to favor greater time extension for the agency's legal representation to put their discovery scheme (the boiler plate) together like the ROI was not enough money, and the discovery brought nothing, absolutely nothing new. Now, the test question for the summary judgement decision: Would the employee win the case if these were the facts of the case? ABSOLUTELY YES. And I have at least one audio recording of the BS threw at me, and I made time to produce the script for it. Nonetheless, their communication that came up in the ROI and in the individual affidavits are massive, and beyond incriminating of their actions (material facts, duh!), and those items alone do the talking, besides the timeline of actions succeeding right after I finally smacked then back with my complaint to the EEOC, and within deadlines. This is a case where an employee was marked down to be fired before hired... go figure. Go figure, I took on an internship CONTRACT executed in a firm offer letter (FOL) telling me the time and a possible extension of the given term, and they acted like they promised me nothing in writing, and it was all a work-at-will that was up for me. I was teleworking from home in Texas for Washington, DC. And they screwed with one week of my pay as if I didn't earned it. They separated me from my younger colleagues interns, who are in their 20-40's, they delayed delivery of my equipment, made me go ask for my PIV card, when it was against the PIV rules for new employees to take upon themselves to request the PIV from the locals. I had no any chance to prove my professional worth, unless documenting it all in details. My work was sabotaged from all corners. And here my question to you: What are my options with this EEOC case, where to go for help as an indigent now?
 
The EEOC outlines the process for federal employees to follow when they have a claim of illega discrimination against their employing agency: Overview of Federal Sector Complaint Process. If you don't follow that process carefully and do so timely you may find you lose just over procedural missteps.

I can't tell from your post exactly where you are in the process or whether you have followed the process correctly. I suggest you consult an attorney who represents federal employees in wrongful termination cases to find out where you stand now and what options, if any, you have at this point. As a former federal government manager myself I don't recommend you do it all on your own. Employees who do that tend to fare worse, sometimes much worse, than those who are represented by a competent attorney.
 
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