Saturday, December 17, 2011

EEOC Dismisses Tax Employee’s Discrimination Claims

The Equal Employment Opportunity Commission dismissed the discrimination claims of a tax employee in Augusta, Georgia.   Nancy Mims, Caucasian, brought discrimination charge based on race and age against her former employer because she was terminated from her position by the Tax Commissioner, an African American male.

According to the Augusta Chronicle, Mims’ replacement received a salary increase of more than $9,000.  Other employees received promotions and raises in what the commissioner called department reorganization.

The article can be deceptive because it suggests that the EEOC found that Ms. Mims did not have a claim.  Actually, the conclusion that the EEOC reached in her case occurs in approximately 80-85% of the cases filed with the agency.   The EEOC’s response to Ms. Mims charge indicated that it could not determine whether she had a claim.  In other words, its response was neutral.  With the dismissal of Ms. Mims’ discrimination claims, the EEOC probably issued a right to sue letter and now she has 90 days to file a lawsuit in federal or state court.  There are cases that the EEOC choose to handle themselves, but those cases do not come across their desk everyday.

Please feel free to contact me with your questions on discrimination, harassment or other EEOC related claims at (813) 413-2402.

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