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.

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.

Comments are closed.