Wednesday, April 11, 2007

EEOC is not unbiased

There is nothing Equal with Equal Employment Opportunity commission.

Since the major violations had occurred in Omaha including my discharge I called Nebraska EO department and told them the situation, informed them I was a truck driver who was a resident of Idaho until end of August of 05 where I obtained residence in Newnan GA. Atlanta terminal was where I serviced my truck but my dispatcher was located in Omaha till July then my dispatcher was in Atlanta, Safety department was in Omaha, my checks came from Omaha, I was suspended from Omaha and fired from Omaha. Agreed that I would then file in Nebraska which gave me 300 days to file. At the time I was going through excruciating pain which eventually resulted in surgery in August and still unable to work to this day. Taking on Werner was the last of my concerns when each day I prayed I wouldn't wake up. I had also hoped Werner would see error and do the right thing and also I delayed my filing till after the Unemployment Tribunal was concluded feeling that if they did not find in my favor neither would EEOC but was still within my 300 days.

St Louis informed me that the forwarded the file to Atlanta because I lived there so it was easier to investigate the case. I talked to the investigator who said it wouldn't be for months that she investigated my case and I said when she was ready I had information concerning my case I would like to go over with her. After my initial complaint to Nebraska EEOC I was not asked a single question from the investigator concerning my case nor asked if I had any information concerning my case. I received a call saying that according to GA I have 180 days to file and none of my complaints fall within that time frame that it was untimely. But she did say Werner was helpful even though they were not required and told her they had fired 3 people who had accidents and that it was sufficient for her to say someone got into an accident and was terminated. She also started the conversation saying Werner said in December 04 you took a 3 week medical leave and I informed her no they had sent me home because they couldn't find me a trainer and why she hadn't called me back and made sure information was accurate. She said my case was dismissed due to timeliness.

I have been appealing with Atlanta office for over 4 weeks now and in contact with St Louis office and Nebraska EO. St Louis said they would take it back but could not request it. Nebraska is questioning why EEOC is cutting my time down to 180 when the complaint was within the time.

The Atlanta investigator called me this morning and advised me that it had gone through 3 levels of personnel and that they had decided to keep my case in Atlanta and that I had talked to Mr Fitzgerald which I informed her I had not talked to Mr Fitzgerald and would like to opportunity to talk to him. Still my case has been dismissed and I am stunned and don't know what else to do.

What would of been so hard for Atlanta EEOC to return the file back to St Louis EEOC? Why when you file in one state and it is sent to another state your Federal case reporting time changes. Oh yes I would have 300 days to file in Georgia if I was a Federal Employee.

What do you do when justice is dismissed by the organization created to fight discrimination and wrongful termination based on disability, retaliatory discharge(I filed a sexual harassment charge 3 weeks prior to my accident), and sex?

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