Do I have a right to see details of a discrimination pre-complaint an employee has filed against me?
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Do I have a right to see details of a discrimination pre-complaint an employee has filed against me?
I am a federal employee and I received an email from an EEOC counselor stating that a complaint of racial discrimination has been filed against me. The email stated this complaint is in the pre-complaint stage of the complaint process and my agency was trying to resolve the matter through ADR/mediation. I have asked to see the complaint and have been told I can not view it unless the the issue isn’t resolved and the aggrieved wants to move on to the filing a formal complaint. Do I have a right to see this complaint, even if the issue is resolved?
Asked on July 30, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the allegations against you are solely allegations and have not reached the formal complaint stage against you by the EEOC, then most likely you cannot view what has been reported as part of the EEOC's investigative efforts.
Howver, in the event an actual complaint if filed against you on behalf of the complainant by the EEOC, under the disocvery process of the complaint against you, you most likely would be entitled to the EEOC's entire investigative file of the claims against you including documents that you presently wish to see.
Part of the rationale of not allowing a person to view claims against her or him at the pre-complaint stage is that a vast majority of the claims never reach the actual complaint stage. The concern is that allowing viewing of pre-complaint documents that may never result in a complaint may end up resulting in some retaliation by the person under investigation against the claimant.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the allegations against you are solely allegations and have not reached the formal complaint stage against you by the EEOC, then most likely you cannot view what has been reported as part of the EEOC's investigative efforts.
Howver, in the event an actual complaint if filed against you on behalf of the complainant by the EEOC, under the disocvery process of the complaint against you, you most likely would be entitled to the EEOC's entire investigative file of the claims against you including documents that you presently wish to see.
Part of the rationale of not allowing a person to view claims against her or him at the pre-complaint stage is that a vast majority of the claims never reach the actual complaint stage. The concern is that allowing viewing of pre-complaint documents that may never result in a complaint may end up resulting in some retaliation by the person under investigation against the claimant.
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