A-2.0 | Intro
Better News: TBD has copied, re-formatted, and published many publicly available civil complaints [of discrimination] on this website (linked here).
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the complaints
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on your federal case.
A-2.1 | The Rules & Regulations that Govern the Filing of Your Federal Case
“A complainant who has filed an individual complaint, an agent who has filed a class complaint or a claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title VII, the ADEA, the Rehabilitation Act, and Genetic Information Nondiscrimination Act to file a civil action in an appropriate United States District Court:29 CFR §1626.18 does the same (paraphrasing added):1
(a) Within 90 days of receipt of the agency final action on an individual or class complaint;”
“(c) The right of an aggrieved person to file suit expires 90 days after receipt of the Notice of Dismissal or Termination or upon commencement of an action by the [EEOC] to enforce the right of such person.”29 CFR §1601.19 commands the EEOC to notify you of this 90-day filing deadline:
“The letter of determination shall inform the person claiming to be aggrieved or the person on whose behalf a charge was filed of the right to sue in Federal district court within 90 days of receipt of the letter of determination.”Thus, once you get your RTS Letter, you’ll have 90-days to file your civil complaint (in a US District Court).
A-2.2 | The Laws that Govern your Federal Case
“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”28 USC §1332 will help you [enter a federal court of competent jurisdiction] if your civil opponent resides in a different US State/Territory than you do:
“(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between —28 USC §1391 dictates the location/venue in which you will need to file your lawsuit:
(1) citizens of different States;”
“(b) Venue in General. — A civil action may be brought in —These three statutes serve to get you in the door (ie, procedural jurisdiction). The underlying laws that govern your case, on the other hand, will get you the justice that you seek (ie, substantive jurisdiction). Those laws include:
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or...”
• the ADEA;
• the EPA;
• GINA; and/or
• Title VII
A-2.3 | The Complaint
A-2.4 | The Summons
A-2.5 | TBD’s Recommendations
o 29 CFR §1601.21
• 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
• Here’s a how-to guide for drafting a response to such a document:
o See Rule 12 Fed. R. Civ. P. (and Rule 1.140 Fla. R. Civ. P.)
o Example 2: Company ABC suspended me because I filed an internal discrimination complaint
o Example 3: Corporation XYZ demoted me due to my age
o Example 4: Corporation ABC refused to hire me because of my nationality
o Example 5: Entity XYZ subjected me to a hostile work environment because of my disability
• Local Rules of Court
• USFLND
• USFLSD
• ADEA
• EPA
• Title VII
• Fed. R. Evid.
• Fed. R. App. P.
• USFLMD’s Official Handbook on Civil Discovery
A-2.6 | TBD’s Commentary
Along your way, please try to help the civil rights litigants that will follow in your footsteps. One easy way that you can do that is by selling your court documents to TBD (learn how). Reason: real-live sample court documents are some of the most helpful (and sought after) resources for civil rights litigants.
Well, Congratulations on making it this far; and Best Wishes on your journey!
www.TextBookDiscrimination.com
