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:
Several people in my organization have received promotions from GS 7-9-11-12. Others from GS 9-11, and some from GS 11-12-13 with all of them occurring in a “drug deal” behind closed door fashion, which I believe may have violated federal merit principles. I, however, have been denied the same kind of promotion.
Can I file an EEO complaint based upon age, race and gender discrimination? I am over 50 years old and a white male. All of those who benefitted were under 50, and/or female and/or minorities.
A:
Some positions have career ladder progressions associated with them. I do not know if you are in such a position or if the others were. Even in a career ladder position, the promotion is not automatic. Management must determine that you are able to perform the duties of the next higher grade before it authorizes the non-competitive career ladder promotion.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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