Q & A Session – EEO Complaint based on National Origin

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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.

 Q:

I work for U.S. forces in Europe (USAREUR). There is a policy here which allows German nationals who work for the U.S. military to work an additional 15 minutes per day so that they can take off the U.S. holidays. However, I am not permitted to work 15 minutes a day more to take off their holidays, such as Veterans Day or some of their religious holidays, such as Three Kings Day. Is this legal?

A:

Interesting question! To give a full answer I would need more facts including USAREUR’s opinion on whether German law requires USAREUR to give local nationals paid time off on German holidays. Also, your local national hires are not necessarily German. They are just not federal employees in the civil service. My initial reaction is that you would be unsuccessful with an EEO complaint based on national origin.

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

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