Sometimes a federal employee with an eeoc claim, opts out of a hearing and cannot present the fact in person to the judge. While your eeoc claim’s decision might not go in the direction you had hoped and might be denied even with certain fact. It seems that it is always better to request a hearing, even if you don’t have a federal employee attorney. Without a hearing request, there is nobody on your side presenting evidence and facts. It seems like the AJ always favors the federal agency, and believes their facts. You can always pick up a federal employee attorney before the actual hearing, but waiting to submit an eeoc claim of discrimination will be thrown out if you don’t submit on time.
Tips: Submit your eeoc claim on time and get a federal employee lawyer afterwards. In the meantime you could always get help from the federal courthouse pro se clinic. ( Just like I did, to beat the clock)
A fact is “material” if it has the potential to affect the outcome of the case. If a case can only be resolved by weighing conflicting evidence, it is not appropriate for an AJ to issue a decision without a hearing. In the context of an administrative proceeding, an AJ may properly issue a decision without a hearing only upon a determination that the record has been adequately developed for summary disposition.
Petty v. Defense Security Service,
EEOC Appeal No. 01A24206 (July 11, 2003);
Murphy v. Dept. of the Army,
EEOC Appeal No. 01A04099 (July 11, 2003).
The more evidence you produce in your defense of the facts, the more chances you have of winning your eeoc claim. Its never to early to collect evidence, receipts, doctor letters and medical reports. Remember, if you don’t submit the materials when you submit your claim, they might not be allowed in your AJ’s decision. The earlier the better.
