How-To: Request a Substantial Weight Review
| Background: | Your state agency closed your dual-filed discrimination complaint |
| Problem: | You have not yet gained access to the federal court system |
| Solution: | You request a "Substantial Weight Review" from the EEOC |
I. Definitions
II. Legal Citations
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 1 |  | TBD case. Pro Se Filing. 3 Page Request. Administrative Dismissal. Excluded a Claim. |  |
| 2 | | Pro Se Filing. 2003. Fraud. Corruption. | |
| 3 | | Pro Se Filing. 2003. Cover Letter only | |
| 4 | | Pro Se Filing. 2004. Cover Letter. Attached Final Order. | |
| 5 | | Attorney Filing. 2008. Final Order | |
| 6 | | Attorney Filing. 2013. Excluded a Claim. | |
| 7 | | Pro Se Filing. 2023. Perpetration of a Fraud (by State Agency). | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |  |
V. Quick Commentary
- Crucial Note: File this document before the deadline!
- You have 15 days (see Rule 29 CFR §1601.76)
- Procedural Note #1: The EEOC has a ministerial duty to review your case
- This is key, because if they delay/refuse then you can request a Writ of Mandamus to obtain compliance.
- Which should ultimately lead to you receiving the requested material.
- Procedural Note #2: Upon completing its duty, the EEOC will issue you a Right to Sue letter
- You can use this letter to gain access to the federal courts (under 42 USC §2000a or 42 USC §2000e)
- Please download as many sample documents as you'd like
- Feel free to use the template (see Part III - above) to help draft your 'Request for Substantial Weight Review'
- Mail the final version to your local EEOC District Office
- Locations:
- https://www.eeoc.gov/field-office (warning: external link!)
VI. Additional Resources
- EEOC Workshare Agreements: Consider the EEOC Workshare Agreement while drafting your SWR.
- Sample: 2023 EEOC-FCHR Workshare Agreement)
- Regulation: 29 CFR §1601.70)
- Survey: In addition to your SWR, you can send your FEPA a 'Customer Survey':
- Presumably, your FEPA will try to improve its process upon receiving your input.
VII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
