At the EEOC, harassment cases can languish for years

WASHINGTON (AP) — The federal agency handling workplace harassment complaints has become a crowded waystation in an overwhelmed bureaucracy, with wait times often stretching years. And as the Equal Employment Opportunity Commission takes on renewed significance in light of the growing #MeToo movement, lawyers worry the increased caseload will lead to even longer delays.

A federal worker filing a complaint with the EEOC last year waited, on average, 543 days for resolution. But cases can drag on much longer, often forcing employees to choose between enduring discrimination or abandoning their careers.

Employment lawyers say the cashstrapped agency is doing its best. But they also say the uptick of sexual harassment cases being brought to the EEOC could mean longer wait times.

"We are totally inundated," said Cathy Harris, a Washington-area employment attorney whose practice focuses mostly on federal employees. "I don't think there's more discrimination; I think people are just encouraged to do something about it now."

While the omnibus spending bill Congress passed last month gives the EEOC a $15 million budget boost, the commission is still without permanent leadership. President Donald Trump's choice to lead the five-person commission, corporate attorney Janet Dhillon, has inspired fierce criticism from civil rights groups. Neither Dhillon, who is married to a White House attorney, nor Daniel Gade, nominated for a seat on the commission, have come up for Senate confirmation votes.

The #MeToo movement, which began last fall, has empowered victims of sexual misconduct to come forward with complaints.

The EEOC operates on two parallel tracks: one for private sector workers, and one for federal employees. Both are struggling.

In 2017, the average wait time to resolve a private sector complaint was about 295 days.

The agency receives so many complaints that its 549 investigators must prioritize cases deemed likely to be strong.

Last year the agency closed 99,000 cases. In 70 percent of those cases, investigators determined there wasn't evidence immediately available to make a finding that discrimination occurred. But many were dismissed without a full or even cursory investigation; last year, just 2.9 percent of all resolved cases were found to have reasonable cause.

"We're devoting our resources to charges where there seems to be more likelihood to find discrimination that we can attempt to resolve, and spend fewer resources on charges where it appears less likely to find discrimination," said EEOC Project Manager Nicholas Inzeo, who oversees the agency's 53 field offices.

Some lawyers say dismissing complaints without full investigations can discourage workers from pursuing their claim in court.