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March 8, 2023 – Status Update

The Administrative Judge held another video status conference with us. The Administrative Judge said that the EEOC has plans in place to move forward with the review of claims, and that decisions are planned to be issued in the coming months. The Administrative Judge did not provide details on which claims would be decided first, other than to announce that any claims that had been withdrawn by claimants would be dismissed in the next few weeks or so. (We have been receiving orders from the EEOC dismissing claims that were withdrawn by claimants.)

The Agency attorneys filed a list of allegedly untimely claims in December 2022. We contacted each of our clients who were included on the list. We recently filed our response to the Agency’s defense, providing legal argument and additional evidence to rebut the Agency’s allegations. The Agency requested that the Administrative Judge make a decision on the untimeliness defense before issuing any other decisions. The Administrative Judge has not yet issued a ruling on this request by the Agency.

Based on the Administrative Judge’s comments, we believe that we should see some real progress in 2023 toward EEOC decisions on the individual claims in this case. As always, please continue to monitor this website for updates.