06/22/2021
In response to the publicity that Green v Moog has received, Moog Music has made a public statement that Ms. Green's charge of discrimination with the EEOC was "investigated and dismissed". This is misleading.
FOR CLARIFICATION: Attached is a copy of the "Notice of Right to Sue" letter from the Equal Employment Opportunity Commission (EEOC) issued in response to Ms. Green's charge of discrimination, which specifically states that the EEOC's determination to not proceed with an investigation during the pandemic "does not mean [Ms. Green's] claims have no merit. This determination does not certify that the respondent [Moog] is in compliance with the statutes. The EEOC makes no finding as to the merits of any other issues that might be construed as having been raised by this charge."
Moog's recent statement also claims that Moog "conducted an internal investigation of Ms. Green's claims." However, Ms. Green's complaint details that Moog did not complete any meaningful investigation into her claims, and in fact, CLOSED the investigation before it started, having never discussed Ms. Green's claims with her in response to her various complaints to management and HR.
Filing a "charge" with the EEOC is a pre-suit requirement for individuals asserting violations of Title VII of the Civil Rights Act of 1964 (the anti-discrimination statute). If Ms. Green's claims did NOT meet the threshold requirements of a valid claim, the EEOC would have dismissed it by checking the first box on the form below. Therefore, the EEOC found that Ms. Green's charge did "state a claim" that could be pursued in court for violations of the anti-discrimination statutes, when it issued this letter.
In summary, the EEOC did not "dismiss" Ms. Green's claims for lack of merit, and and no "investigation" occurred during the pandemic past the initial review of some documents from both sides and phone interviews with the parties. Read the document below.
