Q & A Session – Viability of EEO Complaint Following Allegations of Injustice


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.


I am a federal GS-9 Criminal Investigator. I am leaving my current position because I was told by my boss that a GS-11 position would not be offered in my series, let alone a GS-12. Now that I have accepted a new position at another federal facility, I have been told the GS-11 Criminal Investigator position will be posted as soon as I leave. I know he is considering promoting a younger person to the GS-11 position that has been loyal to him for more years than I have been working for him and I am under the impression that this fits an EEO complaint, besides presenting a lack of integrity. Is there anything I can do?


I cannot comment on the merits of your claim. I would note that once you leave to accept a promotion, it becomes a very practical difficulty to pursue your allegations of injustice at your old agency.

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

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