Q & A Session – Basis for EEO Complaint


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.


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.


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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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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