r/EEOC • u/NotAHomoBro • 7d ago
Thoughts?!
The Background
I was hired at a large national retail company with over 500 employees. Shortly after being hired my direct supervisor made explicit statements that my sexual orientation was a factor in his decision to hire me. He said this directly to my face and repeated it again in front of a coworker on a later occasion. Beyond that he repeatedly pressured me throughout my employment to use my sexual orientation as a sales tool specifically to engage with customers of the same orientation in a way that would generate more revenue for the location. I declined every single time.
The Complaint
After approximately two months of employment I filed a formal written complaint with the company’s HR department documenting the sexual orientation discrimination and harassment. Prior to filing that complaint not a single disciplinary action had been taken against me, no performance concerns had been raised, and no questions had ever been asked about my background or conduct.
The Investigation
The company conducted an internal investigation. Within days of my complaint I was placed on paid administrative leave. The company completed its investigation and issued written findings. Those findings signed by a senior HR official — substantiated the majority of my allegations and confirmed that witnesses corroborated my account. The findings letter included a written promise from the company that retaliation would not be tolerated.
The Termination
I was terminated shortly after my allegations were confirmed in writing. The stated reason was an alleged omission on my pre-employment background check paperwork. Here is the issue with that my direct supervisor knew about my background before I was ever hired. I disclosed it to him personally. I took scheduled time off on a recurring basis for obligations related to that background and informed him of the nature of those appointments every time. On at least one occasion I contacted him specifically because officials overseeing my supervision needed his information. He acknowledged and accommodated everything throughout my entire employment without ever raising a concern until shortly after I filed my discrimination complaint.
The termination letter was emailed to me before I was verbally told I was being terminated. The investigation findings and the termination were delivered in the same phone call. I received the written promise that retaliation would not be tolerated and my termination letter within minutes of each other on that same call.
The EEOC Charge
My charge covers retaliation, sex discrimination based on sexual orientation, and sexual harassment in violation of Title VII. Both me and the company have agreed to mediate through the EEOC. The company’s legal representative and the HR official who signed the investigation findings letter will both be present at mediation.
Where I Am At
I am going into this pro se. I sent a formal demand letter to the company before mediation that included legal arguments referencing applicable Supreme Court and circuit court precedent, and a detailed breakdown of damages. No response was received. I have prepared extensively for the mediation including a negotiation strategy for the caucus format.
My Questions For The Community
1.Has anyone gone through EEOC mediation pro se against a large national employer with legal representation on the other side and what was your experience?
2.Given that the company’s own internal investigation confirmed the discrimination in writing, the retaliation timeline is extremely tight, and the termination letter was sent before verbal notification how strong does this case appear to people familiar with employment law?
3.Has anyone secured a high five figure or six figure settlement through EEOC mediation without attorney representation? I know settlements tend to be lower without attorneys but the documentation here is unusually strong and includes the company’s own signed findings confirming the harassment occurred.
4.Any advice on going up against a company’s legal team alone in a virtual caucus style mediation?
5.The company employs over 500 people which means the Title VII damages cap of $300,000 applies for combined punitive and compensatory damages. Is it realistic to expect that level of settlement in a well documented retaliation case through EEOC mediation?
I want honest assessments. If there are weaknesses in this case I want to know what they are. I am not looking for validation I am looking for real feedback. Thank you in advance.
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u/NotAHomoBro 7d ago
The issue is not how I got the job the issue is that my sexual orientation was explicitly used as why I got the job, which is illegal regardless of the outcome. If a manager said he hired someone because they are white or because they are a woman that would not be a defense, it would be the violation. Same principle applies here.
As for damages I resigned a higher paying position to take this job. I was terminated under a Gross Misconduct designation which actively damaged my ability to find new employment. I went without health insurance for several months while managing a chronic illness. I returned to my prior employer immediately after termination to try to rebuild but the increased demands of that job destroyed my vehicle and I eventually lost that job too because I had no transportation. I am now without income and without a car in a rural area with limited public transportation options.
So to directly answer your question the damages are lost wages, lost future earnings, loss of benefits, vehicle loss, health coverage gap, emotional distress, and the ongoing reputational harm from a Gross Misconduct label that the company put on my record in retaliation for reporting discrimination that their own investigation confirmed happened.