Q & A Session – Acceptable Actions by Management


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I am a division chief and my employees requested a desk audit to determine if their grade levels were appropriate. After the third party auditor determined their grades were correct, I provided a rebuttal, as I believed the auditor did not have all of the facts. My employees are moving forward with EEO complaints. My office director had been identifying HR as rejecting the grade increases but the HR person said it was my director’s move. When questioned, my director said he took my rebuttal to the desk audit and changed it, but there was no notice to me that this was done. Is this action acceptable within OPM regulations?


It may be within OPM regulations because management decides how to describe the job duties in a position description. The changing of documents and hiding information could prove problematic for management as it deals with the EEO process.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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