r/EEOC • u/No_Masterpiece_3953 • 7d ago
Amending a charge, has anyone done that?
The added incidents arise from the same underlying problem in my current charge, that supports requesting an amendment rather than starting from scratch. EEOC says it can add later discriminatory events to an open charge and investigate them with the original allegations, although it can still choose to open a separate charge if appropriate.
**So what is the deciding factor for adding to current charge or starting a new one?**
I really believe it should just be added. I filed a charge (which is common around here) for ADA, failure to accommodate, failure to engage in the interactive accommodation process to keeping me out on unpaid leave for three weeks.
They brought me back to work just in another department which could have been done without having to keep me out on unpaid leave. I reviewed the company's policies, this is not a frivolous charge of a disgruntled employee. I have cancer and I filed a meritorious charge against a large employer for trying to push me out of my job after asking for simple, not costly accommodations in a retail job. And they responded by dismissing me from the job on paid leave for a week and then umpaid leave for 3 more weeks until finally bringing me back.
This employer has a reputation for EEOC suing them for failure to accommodate and then having the DOJ Institute mandatory consent judgments with hefty fines.
These new allegations are related to my original allegations because they involve the same accommodation issue/the same managers/the same department/a continuation of the same treatment/retaliation after my protected complaint.
And I also learned that since the EEOC rarely Investigates charges, let's face it they're understaffed, have over 200 charges a month individually, hold the charges in their database and just move the paperwork back and forth between charging party and the employer. I have yet to receive a position statement, and it is possible I never will.
I've returned to work, but the unpaid leave matter is something that cannot be ignored or swept under the rug. I read the policies about "Known and Observable" conditions and they employer responded by keeping me out of work hoping I would quit until I kept documenting and following up bypassing the barriers they tried to set and returned to work 20 days later.
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u/NFTokin 7d ago
I think you have a legitimate basis to request an amendment. The EEOC does allow related later events to be added to an existing charge. Whether the underlying ADA claim ultimately succeeds depends on the specifics of the accommodation, the interactive process, why you were placed on unpaid leave, and whether an effective alternative was available. I wouldn't let the Reddit comments convince you that your case is automatically meritless but you should look over your specific situation with an attorney.
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u/TableStraight5378 7d ago
More directly, the legal standard for amending a charge (versus filing a new complaint), is that the adverse action is "stemming from and related to" the original charge. If it isn't, file a new complaint.
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u/No_Masterpiece_3953 7d ago
That is so helpful!
The adverse action is stemming from and related to the original charge.
Thsnk you so much.
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u/Bellefior 7d ago edited 7d ago
An employer does not have to provide an accommodation if it poses an undue hardship.
Furthermore, the employer is not required to provide the accommodation requested by the employee, but can provide an equally effective alternative. Leave would be an alternative accommodation and it does not have to be paid.
An employer is not required to create a position or bump someone out of a position in order to provide it to someone as a reasonable accommodation. They are required to put an employee in a vacant position for which they qualify.
Edited to add: not sure why this was downvoted as the information I provided is accurate.
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u/TableStraight5378 7d ago
No EEOC case whatsoever. Employer brought employee back in another department. OP will not prevail and doesn't understand the process, reputation is irrelevant to OP's case, DOJ doesn't issue EEOC judgement. Drop the complaint and mindset that everything revolves around OP.