I think the process is file an EEOC complaint, the EEOC looks at it, does some bureaucratic magic, and at the end you get a right-to-sue letter if they think you have a good claim.
Actually, the opposite. If they think you have a good claim, they prosecute the case themselves. Technically, it's between the EEOC and the company. If they don't think you have a good claim, or for whatever other reason they decline to take formal action, then they give you a right-to-sue but you're on your own for that.
There's an administrative appeal process within the agency itself, but to get to "real" court, you have to achieve what is called "administrative exhaustion," that is, you have tried and failed at all available administrative remedies.
My mistake. I thought if they investigate and dismiss the claim, they don't issue the letter. It seems weird to do an investigation, and the outcome for "this is garbage" and "this is plausible but we couldn't fully investigate" is the same.
Sometimes, they'll issue some form of limited findings of fact, but very often they just wordlessly deny the complaint. The trial court might take those into consideration as favoring one party or another, but is required to do its own fact-finding adhering to the formal rules of evidence that don't really apply in administrative law.
The thing I'm not quite certain about is whether Russ and Viatroon had an actual arbitration agreement or voluntarily chose to go to arbitration afterwards. I'm thinking the latter, but in both cases, I think the EEOC would retain the ability to take formal action, but a right-to-sue would be essentially meaningless if there were some kind of mandatory arbitration.
Don't quote me as if I had said that on a stack of Bibles though.
(I'll note I have a solid grounding in administrative law and procedure, although I usually don't go into it in detail because if you start sperging out about admin law people's eyes glaze over and they begin hurling puzzle pieces at you. What I don't know is how the law would treat this rather hyper-specific case.)
claude won't fetch kf threads because its a harassment site.
Claude is gay. Even its name is gay.
And it massively favors the companies, since they have counsel that knows how this works and how to present things to get the best possible outcome.
And corporations are where they get their pay since most deadbeat arbitration losers will never pay anyway except whatever they coughed up up front, assuming the corporation doesn't (as they quite often do) pay the fees for both sides up front because they know it's an instant win button, is cheaper than even a nuisance value settlement, and involves no admission of liability.
