In this era of manager accountability under the No FEAR Act, any subordinate’s equal employment opportunity complaint against a manager should be taken seriously. The outcome of the complaint carries risk to the manager’s career. The reality is that managers have few rights in defending themselves against an EEO complaint. For the most part, they only have those rights that an agency might extend to them, in its discretion. To make matters worse, managers, just like other agency employees, who might be witnesses, have an obligation to cooperate fully in the agency EEO process. This means that a manager must…
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: When I accepted my current position, I argued that my college education should have boosted my grade level, but I was shot down, even though management supported me. Now my year is up and I should have received the grade increase but have not. Workforce says everything has been submitted and approved ahead of schedule, but OMB says “it’s not an entitlement” and I’ll get it when they get to…
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: I’m currently on a letter of requirement. I’ve been bringing my doctor notes to my boss and he has been accepting them. Now he wants me to start having the doctor state my illness or diagnosis for me or my family whenever I call out sick. Can he do this and not be in violation of my rights? A: Your supervisor may require that you provide sufficient medical information from…
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: A supervisor decided to modify the work space cubicles of Federal employees by taking two Government employee cubicles and converting the office space of the two cubicles to a three (3) cubicle work space, therefore making the work space smaller and more restricted. This configuration forces Government employees to spend their duty day in a very restricted office space. Now, all the spaces are smaller for all Government Employees with…
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…
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: If you were eventually charged with a DWI and then had the charges dismissed, should you declare this in a background check as an arrest? If you were eventually charged with a DWI, then were found innocent by jury, should you declare this in a background check as an arrest? A: The answer to both questions is yes if the background investigation questionnaire asks for arrests and not just convictions.…
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: Is it lawful for an employer to discipline an employee (subordinate) for insubordination or any other type of charge for failing to “shut up” during a discussion? For example, I’ve had several meetings in which I could tell that the new management wished I would stop disagreeing with him. At the end of these discussions, I’ve always done what they’ve told me to do, but I’ve felt within my rights…
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: What are the specific policies on using sick leave prior to retirement for CSRS with over 30 years of service? Would a doctor’s note be adequate? It seems to be a better deal to get a full salary rather than retirement salary for sick leave. A: You may use sick leave for medical appointments, medical incapacitation, to care for a sick family member, to attend a funeral of a close…
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: How can I find out if a union exists at my agent? My supervisor is changing my critical elements in my performance appraisal plan so that I will fail. A: Check with your HR office to see if you are in a bargaining unit represented by a union. And remember, management ultimately has the final discretion about the content of a critical element. Bill Bransford is managing partner of Shaw…
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: I am a new federal employee who was hired in 2012. I was told that I have to pay into the Federal Employees Retirement System (FERS) Annuity. My questions are: Am I required by law to participate in the FERS annuity program or can I opt out? How does paying into this system benefit me and how does this work? If I leave the federal government before I retire, will…