🧵Wealthy business owners LOVE to talk about how if an employee has an issue they "should sue." And act like if there's no lawsuit there must be no issues.

Why would they say that? Because lawyers are expensive and most employees can't afford it. Bosses know this shields them.
Lawyers measure taking cases based on "return on investment" just like other businesses. They MAY take a case pro-bono if they feel it's high profile or will make them a significant amount of money. Otherwise, they are likely to not take the case without a large retainer. 1/
Now...why would an employee need a lawyer? Why don't they just file their complaints through the Department of Labor in their state?

Well, laws in states can vary. Let's talk about that for a moment. 2/
Tax-related issues can be filed through the IRS and have a long statute of limitations. However, complaints regarding other labor abuses such as discrimination, harassment, hours violations, safety violations etc. generally have to be filed through the state Dept of Labor. 3/
Employment Opportunity Commission (EEOC) laws vary WILDLY from state to state. Even though they are based on Federal regulations, each state has different rules for filing complaints. 4/
For instance, many state EEOC departments will not allow employees file complaints regarding businesses with under a certain number of employees. Most states will not allow employees to file if a business has less than 5, to some states having that number set at 15 employees. 5/
You can see many of the limitations of the EEOC here and what allows some businesses to easily skirt anti-discrimination and anti-harassment laws:

eeoc.gov/employers/smal…
Also, note, only businesses that have more than 100 employees or 50 contractors have to file an EEOC report, according to the Department of Labor. 7/

eeoc.gov/employers/smal…
Unions often offer legal aid for employees. Unionization is critical to protecting employees from abuses. However, "Right To Work" laws have made it nearly impossible to push for unions in small workplaces or exploitative temp-placement agencies. 8/
aflcio.org/issues/right-w…
Also: business owners often have lawyers who write non-disclosure agreements and other methods to silence employees who complain internally. Owners know the limitations of the EEOC, and many employees lose their jobs if they complain, with zero recourse. 9/
These issues were exposed in many #MeToo stories. Now, the rhetoric has shifted to ask the question, "Where is the lawsuit?" Or to claim, "If they were REALLY harrassed they would sue."

This claim lacks an understanding of our system for employee recourse. 10/
For many, the only way to protect others is to come forward. I myself had a case where I filed internally, lost my job, and found limitations to what I could do, despite lawyers and the EEOC telling me I had an open and shut case. This is all too common. 11/
This is a class issue. Legal aid is generally out of reach for many poor folks on a litany of issues.

And one that impacts communities broadly. So, before asking the question, "why didn't they sue?," perhaps take a moment to consider all that's been shared above. 12/
So, in recap:

1. The redress for EEOC issues is civil litigation. A business CAN be sued if you can afford a lawyer, or the lawyer feels they can take your case if it's profitable.

2. The EEOC would provide a lawyer, pending review, IF you are within the state guidelines. 13/
Built this thread to help inform about this issue as it generally goes uncovered as bosses LOVE to ignore this point. So share away!!!

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More from @ZeynabDay

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