Q & A Session – Hiring Selection


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.


Currently, I am on retained pay, GS-13 Step 00. I interviewed for a GS-14 position and was not selected. Informally, two of the three members of the hiring panel said I scored much higher than the person chosen by the Selecting Official. Both members of the hiring panel said they are troubled by what happened. Do I have a right to ask for the panel scores through the Freedom of Information Act or other means?

I believe I was not selected because I am targeted for another position which is a GS-15. Those interviews are complete and we are awaiting selection. If selected, the non-selection of the GS-14 position will cause me to be brought in at a step below what I would have been entitled to. Is there any recourse?


The only recourse is EEO. An EEO complaint must be filed within 45 days of learning of the non-selection. You can ask for the panel scores under FOIA, but you are likely to receive them if you file an EEO complaint.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.


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.

Leave A Reply