February 24, 2010
Equal Employment Opportunity Commission
Chicago District Office
500 West Madison St., Suite 2000
Chicago, Illinois 60661
This correspondence was sent by email to: Supervisors Ms. Eileen Sotak and Ms. Patricia Jaramillo; Ms. Janel Smith, Investigator; and Ms. Sylvia Bustos
Ms. Sotak & Ms. Jaramillo:
On February 23, 2010 I visited EEOC's Chicago office to review my file(s). I sent you guys a copy of Defendant AFSCME's "Reply Memorandum in Support of Motion of AFSCME Defendants to Dismiss", which is attached again for your viewing.
In this "Reply Memorandum" it list Tamayo v. Blagojevich, 526 F.3d 1074, 1089 (7th Cir. 2008) as its primary legal authority to dismiss against AFSCME for the failure of EEOC to name them in Charge #440-2007-04512 and Charge #440-2008-05507.
On April 16, 2007, I submitted the document attached to this email with my initial Charge #440-2007-04512. This document is in my file. This document, which I informed Mr. Percile Bryant, was an attachment to Charge #440-2007-04512 and should have prompted Mr. Bryant to list WestCare Foundation, Inc., Illinois Department of Corrections, and AFSCME Council 31, AFL-CIO as Charged parties.
I informed Mr. Bryant that all 3 were defendants in Charge #440-2007-04512. Mr. Bryant told me not to worry about it, and that, he knew what he was doing.
EEOC and its employees should have working knowledge of current and previous legal authorities that effect a "Charging Party", and EEOC's staff should know current and previous legal authorities that effect their processes, such as Schnellbaecher v. Baskin Clothing Co., 887 F.2d 124, 126-7 (7th Cir. 1989), which states "...a party not named in an EEOC charge may not be sued under Title VII."
EEOC's charge sheet states "...Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below)" Mr. Bryant, or later Ms. Janel Smith, should have been alerted to this defect. What does an "investigator" do? They investigate.
EEOC and its employees, namely Mr. Bryant, should have listed AFSCME and the Illinois Department of Corrections along with WestCare Foundation, Inc. as Charged parties to my discrimination complaint. Ms. Janel Smith, as the investigator, had a duty also to include all parties "named" by me in this/these Charge(s). I will request the Court to amend my complaint adding and/or naming EEOC as a defendant for gross negligence.
You have been noticed. You have a duty to act, and respond.
Please respond.
Respectfully submitted.
cc: http://clickforjusticeandequality.blogspot.com/
Fred Nance Jr., Ph. D.
Doctor of Philosophy
Human Services/Social Policy Analyst
