A-1.0 | Intro
Better News: TBD has copied, re-formatted, and published [almost] all publicly available FOs on this website (linked here).
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the FOs
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on this SWR Request.
A-1.1 | The Rules & Regulations that Govern your Substantial Weight Review
“The [EEOC] shall notify the parties whose cases are to be processed by the [FCHR] of their right, if aggrieved by the [FCHR]'s final action, to request review by the [EEOC] within 15 days of that action. The [EEOC], on receipt of a request for review, shall conduct such review in accord with the procedures set forth in the Substantial Weight Review Procedures.”It basically means that the EEOC will review the FCHR’s Final Order. It’s important to remember, however, that this provision is for dual-filed cases (ie, the EEOC might ignore requests for cases that are not dual-filed). The EEOC reviews these cases because it has a workshare agreement with the FCHR (see the most recent contract).
By the way, the FCHR (according to 60Y-5.002 FAC) has similar workshare agreements with local agencies (paraphrasing added):
“(1) The [FCHR] Executive Director is authorized to negotiate agreements of referral with other public agencies having authority and resources to investigate allegations of unlawful employment practices...By the way, the EEOC (according to 29 CFR §1601.78) gathers the SWRs that people submit. Then it uses them to evaluate the FCHR’s performance/compliance:
(4) Upon fulfillment of the criteria set forth in subsections 60Y-5.002(2) and (3), F.A.C., the [FCHR] shall approve the negotiated agreement of referral. When an agreement has been approved by the [FCHR], all complaints filed with the [FCHR] which are subject to the agreement shall be referred to the referral agency. The referral agency shall report its action on the complaint to the [FCHR] Executive Director. Substantial weight shall be accorded to any final findings and orders of the referral agency.”
“(b) Each designated FEP agency certified by the Commission shall be evaluated when, as a result of a substantial weight review requested as provided in § 1601.76 of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of jurisdiction as provided in § 1601.77 of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. When the Commission rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an evaluation.”Nevertheless, you can use 29 CFR §1601.76 to ask the EEOC to perform a Substantial Weight Review on your FCHR Final Order. Whereby you can alert the federal agency (ie, the EEOC) to the state agency’s (ie, the FCHR’s) improprieties. Here’s a how-to guide to help you get through this step:
A-1.2 | Right-to-Sue Letter
Upon filing your complaint, you’ll pretty much be done with the FCHR.2
A-1.3 | TBD’s Recommendations
100 SE 2nd St. 1500
Miami, FL
• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)
• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
• Local Rules of Court
• USFLND
• USFLSD
• ADEA
• EPA
• Title VII
• Fed. R. Evid.
• Fed. R. App. P.
A-1.4 | TBD’s Commentary
Now, with its spineless slime at your feet, get ready to break into the next phase (ie, Phase A-2: Federal Lawsuit)...
