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.
Why can my supervisor perform an EARS review with me when I have an EEO complaint against him for harassment and employment demotion without written approval and consent? Needless to say, the EARS review did not go well.
I assume EARS is your agency’s performance evaluation system. If so, your supervisor must evaluate your performance without regard to the existence of your EEO complaint. You are protected from reprisal, but your EEO complaint does not give you additional special powers or protection.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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You know I have read a lot of the advice from the experts. However, I am not convinced that the advice or answers are correct. There are Union Contracts and Federal Laws that are, it is seems being interpreted to favor managment. I wonder how much of this advice will hold up in a Civil Lawsuit.