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COMMUNICATION 60 | COMPLAINANT ASKING THE EEOC DIRECTOR TO INTERVENE INTO THE FCHR'S/EEOC'S OBSTRUCTIONS | B

Date:Wednesday, November 01, 2023
Time:11:15 EST
From:Justice.Actuarial@gmail.com
To:Thomas.Colclough@EEOC.gov
cc:Femalelei.Fowler@EEOC.gov; Jane.Suk@EEOC.gov; SavaGOV@EEOC.gov; Marlena.Evans@EEOC.gov; Marlena.Rose@EEOC.gov
Subject:RE: EEOC Discrimination Charge (New) | Employment | Makere v Redacted Company A, et al | 410-2024-00386, 410-2024-00577
Attachments:
Hello Director Colclough,

May you please tell me whether-or-not July 31, 2023 is still the filing date of my complaint?

Your staff’s been refusing to answer this question (for the past two weeks). Yet it’s paramount to my forthcoming lawsuit (against Redacted Company A, et al). Altogether, your staff – in apparent efforts to cover for a state FEPA (ie, the FCHR) – is trying to obstruct my access to justice. And their obstruction is damaging me severely.

Details

1. Two Mondays ago (10/16/23), the Atlanta District Office intimated that it was going to try to use a different filing date.
a. A crucially different filing date [of October 11, 2023].
b. A filing date that would have rendered my complaint late.
2. A couple hours later, though, the Atlanta District Office told me (via phone) that it was going to indeed use my July 31, 2023 filing date.
a. Apparently, the office only did so because I had contacted you.
3. Plus, it said that it was going to move forward with investigating my complaint.

4. A few days later, though – on October 19, 2023 – the Atlanta District Office transferred my complaint to the Savannah Local Office.
a. Thereby reneging on its prior commitment to investigate my complaint (ie, #3 above).
5. Subsequent communications suggest that the EEOC is indeed trying to use an invalid filing date
a. Invalid Date ≈ 10/11/23
b. Correct Date = 7/31/23
6. Jane Suk, the EEOC Liaison (at the Atlanta District Office), took an abrupt 1-week vacation after trying to renege on the commitment/regulation
a. Regulations: i. 29 CFR §1601.14(1);
ii. 60Y-5.0011(1) FAC;
iii. also see 29 CFR §1641.5(d); 29 CFR §1691.5(c); 29 CFR §1691.6(d)
7. Since 10/19/23, no one at the EEOC has answered my above-listed question (ie, whether the EEOC is still crediting July 31, 2023 as the filing date of my employment discrimination complaint).
a. Based on recent communications, EEOC management is currently hiding behind its secretary

Underlying Facts

8. On October 13, 2022, the defendant committed its last discrete act of employment discrimination1

9. On July 31, 2023,2 I dual-filed3 my discrimination complaint
1 the last known act
2 July 31, 2023 was 291 days after the last discrete act (ie, #1 above). 291 days satisfies the 300-day criteria for dual-filing (Florida).
3 filed with [and confirmed by] the FCHR (a statewide FEPA).

Bottom Line

10. The EEOC is trying to railroad me.
a. It’s doing so by using an invalid filing date in order to impede my constitutional right to a full-&-fair opportunity to litigate my discrimination case
i. Apparently, it’s motivated by its desire to help cover for the statewide FEPA (ie, the FCHR) – who initiated this obstruction

Law

11. According to §2E of the 2023 Workshare Agreement, the FCHR was supposed to notify me within 10 days of receiving my complaint (attached).

12. Obviously, the FCHR has broken that agreement, because [much] more than 10 days have passed (please see 60Y-5.0011(1) FAC).
a. In fact, roughly 93 days have passed since they received it.
13. Moreover, several federal regulations state that the FCHR/EEOC must notify me within 10 days of receiving my complaint
a. 29 CFR §1641.5(d)
b. 29 CFR §1691.5(c)
c. 29 CFR §1691.6(d)
14. The state agency’s dereliction of duty has even violated state law (§760.11(3) FS).

15. Moreover, there are no legally-viable/reasonable excuses for the EEOC’s/FCHR’s failure/refusal to provide me basic case information.

Request

➢ May you please tell me whether-or-not July 31, 2023 is still the filing date of my complaint?

Impact

16. This information is crucial, as I’ll need to relay it to the courts (jurisdiction, venue, exhaustion of administrative remedies, etc).
So, may you please answer that simple question (it’s crucial, yet your staff’s been obstructive)?

Thank You,



Elias Makere, FSA, MAAA | Civil Litigant, Founder
Federal Case No.: 3:20-cv-00905 | (Allstate, USFLMD)
Federal Case No.: 4:21-cv-00096 | (Early, USFLND)
11th Cir. Case No.: 21-11901
904.294.0026 | TextBook.Discrimination@outlook.com | www.TextBookDiscrimination.com
3709 San Pablo Rd. S. #701
Jacksonville, FL 32224 Ancient Proverb: For every wrong there is a right. TextBookDiscrimination.com® | © 2024. All Rights Reserved.
Congratulations! You're now booked up on Communication ZZ from the series of communications which reveal the way the FCHR obstructs cases of discrimination (by manufacturing issues of timeliness)!

Keep this in mind while you litigate your civil rights case in Florida. Also, keep in mind the FCHR's statutory ability to accept bribes.

Plus - at all times - keep the 7th Amendment of the US Constitution (your right to a trial-by-jury) in mind.

As always, please get the justice you deserve.

Sincerely,



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