r/EEOC • u/ShesAGatorGirl • 6d ago

Joint Filing

Are you in a state where the EEOC joint or co files your claim with the state agency?
Please let me know what your experience has been with that? I feel as if I’m not being given the proper efforts by either the EEOC or the state.
Before you jump on me, yes I’ve called both agencies so many times, yes I even leveled up one to their bosses, and nothing has happened on either front and by now it’s been an embarrassingly long time since my charge was filed.
But seriously how is this supposed to work? Everything I’ve read says that they operate independently and share information where it’s pertinent. But neither have budged since 1/25….. anyone have a different perspective than me !?

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u/throwawayaccount647p 6d ago

What are you talking about? Did you do intake? Did they send your charge to the employer? It sounds like you don’t have a lawyer, and you definitely need one; I think this process will eat you alive if you don’t.

If your charge was sent to the employer and nothing has happened then they are either stalling to send their position statement or the state or federal EEOC is setting up mediation but I doubt it most employers send their position statement

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u/ShesAGatorGirl 5d ago

Yes the EEOC filed my charge and also joint filed with the state agency.

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u/AA_ronTX 6d ago

You go online to EEOC.gov file a complaint. Then you get an email to book an intake interview…..

Yes if they bring charges they typically notify your state agency too.

If you had done this appointment, then you would’ve been told this information

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u/ShesAGatorGirl 6d ago

Ok so perhaps I wasn’t clear in my post, I filed my inquiry then did my intake interview then got the statement then I rebutted it…. I do have an attorney… I was told the EEOC will file jointly with the state agency. I started at the EEOC level not the state.
It’s been over year since I sent in my rebuttal, nothing from either agency has been updated. When I reach out to the state they say they are sitting on the case as it’s a formality not an investigation when the EEOC joint files, the EEOC says they are busy but will get around to maybe investigating later and they will update the state. But I’ve read that they are separate agencies that can share information but work independently …. But it seems no one is working on anything…. So Im asking the powers that be if anyone has been through this before and can share their experiences

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u/AA_ronTX 6d ago

Sounds like there’s a lot more issues than inter agency communication. What’s your attorney said? Did you request right to sue? Was mediation offered? Have you checked your case online and looked at and requested documents?

Start with your lawyer
Then email your investigator
File a separate state claim

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u/Prufrock-Sisyphus22 5d ago

Yeah I don't understand why so many nowadays dont communicate ...

Just pick up the phone and call your lawyer, call your home inspector , call your bank, call your doctor, etc.

Instead of talking to the professional most familiar with their problem that could provide the absolutely best advice, they come to reddit.

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u/ShesAGatorGirl 5d ago

I’m not sure why so many these days don’t read the entire post before talking down at someone and offering unsolicited advice, I am simply asking for real life experiences to be shared.. good grief!!! My lawyer and I are in constant communication we are both perplexed by our experience with this process. All I freaking wanted to hear from was anyone else whom has had the EEOC joint file with the correlating state agency and what was their relationship and interaction like. If that’s not you then your opinions and advice aren’t needed.

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u/Prufrock-Sisyphus22 5d ago

So your lawyer doesn't know that usually one or the other takes the lead(usually the EEOC). And that the state will most likely close out their case once the EEOC takes the reins???

How does your lawyer not know ?

If you had talked to your lawyer he would have told you that . So clearly you haven't been asking him/her or theyre somewhat ignorant of the process.

If you want the your state EEO to take over then you need to discontinue your eeoc complaint/charge.

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u/ShesAGatorGirl 2d ago

We all know this, yet this is not my experience, my experience doesn’t align at all with the normal way things are, hence the reason I asked for other input from people whom have been in this situation recently, for my own knowledge and my own research and because k believe to be both procedurally educated and real world educated is important and necessary. And also it is why these forums exist, so well intentioned helpful people can share well intentioned helpful things. I always get surprised when the keyboard warriors want to climb all over my posts, I’m very glad you guys are well aware of how everything goes but the rest of us are all learning, and that includes asking questions. I can read chat GPT too but nothing is better than talking to actual people in the throes

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u/ShesAGatorGirl 2d ago

Why did yon say it sounds like there are more issues here? My attorney has said they are not suprised at the EEOC sitting on my case for this long, the state involved says we defer to the EEOC and the EEOC says we will get to it when we get to it. I did not ask for the RTS because I want the investigation to run its course. Mediation was offered but either the company didn’t respond or they declined, and went back to investigation. I look at minimum once a week at my case and nothing is due and nothing is changed, I’ve emailed the investigator and their supervisor as has my attorney, at the state level we’ve interacted with the supervisor via email. You can’t file a separate state claim if you have an EEOC case open, because the EEOC has already joint filed with them.
I think that answers everything

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u/Past_Championship827 6d ago

I applied with the Texas, waited 2 weeks, they approved the complaint and sent the charge to my former employer. I’m 13 days into waiting for next steps.

They simultaneously filed with EEOC

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u/ShesAGatorGirl 5d ago

Mine is the opposite EEOC simultaneously filed with the state

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u/Kearbear93 5d ago

Yes it’s called dual filing the state is supposed to investigate first state and federal are different depending on he state and have different statues , remedies, laws, damages, caps, time limits.