END DISCRIMINATION

SUPPORT THE CIVIL RIGHTS ACT OF 2008 (H.R.5129, S.2554)

visit www.mobbing-usa.com, www.CivilRights.org

"WE THE UNDERSIGNED" are asking that you eradicate racism and harassment, in the workplace.  There needs to be more done when a person files an employment discrimination complaint, before you can proceed to court.

The 1964 Civil Rights and Anti-discrimination Acts, needs to be amended and EEOC needs to be overhauled, so it is fair and genuine in its meaning and reason.  Our constitution requires legal equality for all.  These acts conflict with the rulings of the circuits and the highest courts of the district and numerous states, when the laws are not enforced.

The current Title VII Civil Rights Act empowers the employer and corporations, yet deny the victims of racial discrimination the opportunity to seek justice and fairness when all cases presented, to EEOC are not investigated.  Require that all complaints, be investigated as though there is a pattern of practice, with disparities, disparate impact and treatment, and to always question other employees.

The question for the Court is whether the present act of disparate treatment with disparate impact, to include unequal pay because of race, sex and age, constituted a present violation of Title VII?  The US Supreme Courts have already answered that question and the laws have all ready been established.

Generally, the EEOC has jurisdiction over larger employers with 15 or more employees; where as the Office of Special Counsel for Immigration (OSC) has jurisdiction over smaller employers, with between 4 and 14 employees.  Combine the 2-Departments that are to enforce the Title VII Civil Rights and Anti-Discrimination Acts and let the jurisdiction be for those employers that have 4-or more employees.

Require that all or companies with 4-or more employees have a registered agent and every company with employees should be given a company handbook and given to all upon hire.  (Encourage the employees to keep their handbooks and the employer should make them available, upon request).

It is the employers responsibility to enforce the Title VII Civil Rights Act and if the employer can't resolve the issues of discrimination, after a complaint has been made to the proper authority, according to the companies own rules, policies and procedures, outlined in their own handbooks, before the victim files a claim with EEOC; well then it needs to be known and publicized, when a complaint is filed.

Have the EEOC get out of the business of filing lawsuits.  That's the job of the people fighting for their own rights as a Pro Se, representing themselves or for the Attorneys.

Why are there 2-different Government agencies (EEOC and Office of Special Counsel for Immigration) (OSC), handling the same kinds of complaint, being National Discrimination?  An employer must treat all of these groups the same.

The EEOC and OSC have investigators, correct?  These investigators assigned, should then become "The Investigators Of That Complaint", meaning that they actually perform the duties of discovery in full, to include the interrogatories, request for production, letters of admissions, subpoenas and depositions.  Have the investigator and the victim, together determine the victims lost wages, benefits, interest and all damages.  

If is found through discovery, that the employer has discriminated; then there should immediately be a non-binding mediation to discuss a settlement.  Present at the mediation, should be the defendant, their attorney, the victim, the EEOC Investigator and a court reporter.  While in mediation, there will be a record created and established.

Keep the same time frame established by EEOC for those wanting to file a claim, with-in 180-days from the date of the alleged violations to protect the charging party's rights.  This 180-day filing deadline is extended to 300-days if the charge also is covered by a state or local anti-discrimination law.

(It should not be taking approx. 5-years or longer to address, hear and/or settle discrimination claims).

Make changes then to require that all employment discrimination claims, be filed with a certified mail receipt, with return postage and send 2-copies, 1-to EEOC and 1-to the victims local City Hall, Human Relations Department.

The City Hall, then takes on a new role, whose duty then, upon receipt is to send the victim, a pamphlet explaining the Title VII Civil Rights and Anti-Discrimination Acts, the employment laws and definitions, along with all of the elements needed to establish the causes of action, in relation to these ACTS and list the damages that  can be recovered. 

Also include the laws as it relates to the filing of a frivolous claim and explain the procedures and define "certificate of service" if the victim wants to continue with the complaint.

If one still believes after they received this information, that they have been discriminated against, then they should proceed forward and send additional information to EEOC with-in 45-days from the date, they filed their claim: a Summary Report of the Events, to include the name(s) of those who are witnesses, who did they complain to, when and what about. 

If employed it should also include the dates of employment, and the starting and ending pay.  Have a 30-page limit that must be typewritten.
Only send to the City a "certificate of service".

Upon the receipt of the complaint and the certificate of service; the City, then needs to immediately setup an appointment for a conference room at the City Hall, for Mediation.

An EEOC investigator, is then assigned immediately and should mail a questionnaire and a notice to the employer and to their registered agent, informing them that a complaint has been filed alleging discrimination, not naming the victim.

The employer is then notified and the City has received the complaint, who then should notify all the local news media and papers in that county, about the complaint against the employer, by just listing, for example:  John Doe v. ABC corp.  All claims should be brought into mediations, with-in 3-4 months. 

The listing should appear with the title "Employment Discrimination Claims Filed" week ending 00/00/00. in the newspapers right under the police blotter weekly.  Employment discrimination should be publicized and the community should be informed. 

The company needs to respond with-in 7-days.  If not, then on the 8th day, the EEOC investigator immediately, should have a subpoena issued, requesting the documents and also set a court hearing date, with an Administrative Law Judge and Court reporter and be sanctioned and compeled to turn over the requested documents.

All who were expected in mediations, is also expected to appear at the hearing and the hearing limited to 30-minutes or less.  The victim should receive a free transcript at the expense of the employer and an amount, for relief (not yet determined), for the inconvenience and for having the victim to appear in court.

Access a fine, to pay civil money penalties, (not yet determined), by means of a garnishment place on the companies bank account and to distribute accordingly.  The courts appearance would be for the employer to explain the reasons for the non-response and to inform them about the fees and sanctions that have just been imposed on them, for violating the rules and causing a delay, in the process and to get an order compelling them to turn over the requested documents.

If the order is ignored again, then a warrant should be issued for someone's arrest.  I bet this will cut down on the discrimination claims.

If it is discovered through mediation that the victim, does not have a claim, then the victim should impose a fine for filing a frivolous claim.

If it is discovered that the victim does have at least 1-or more claims, then give the victim the right to sue, if the claim cannot be settled.  Also turn over all of the documents and transcripts recovered through the investigation, to the victim, so that the victim can pursue their claim in court, as a Pro Se, representing themselves or if they choose to hire an attorney. 

If the victim can't after searching and consulting with 3-attorneys, then the courts must, not may, appoint the victim legal representation.  Instruct the victims to contact the US Federal Courts, to send them a Pro Se Packet of the rules, policies, and procedures.  Again, this will curtail, the misconduct of the courts and attorneys, giving  the victim their rights to pursue, a claim with more ease and confidence.

Thank you for taking the time to read this letter.