Sounds like easy advice, right? When confronted by an agency investigator regarding your conduct, the natural tendency however, is to deflect, divert, downplay or deny. But doing so, almost always, will result in a more severe penalty than if you simply admitted to the conduct — in its truest and most complete form. Why is that? Because back in 1998, a unanimous U.S. Supreme Court decided that a federal agency may discipline an employee who lies or lacks candor to the agency regarding alleged employment-related misconduct, including falsely denying the offense, such that the agency can discipline the employee not…
Q: Does a discrimination claim need to list a reason for alleged discrimination? A: Yes, an EEO discrimination claim must list a basis for the alleged discrimination in a complaint of discrimination. The laws enforced by the EEOC (such as Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act of 1967 (ADEA), Rehabilitation Act of 1973) make it illegal to discriminate against someone on the basis of race, color, religion, national origin, sex, age or disability. It is also illegal to retaliate against a person because the person complained about discrimination, filed a…
Q: I have maintained my security clearance for over 10 years. I was recently hired for a position which required a Top Secret/SCI clearance. About five years ago, I had some back pain while visiting a friend’s home. I was offered a pain reliever and I took it. I found out afterwards that the pain reliever was prescription. This only happened one time. When asked on my SF-86 clearance form if I had ever taken prescription medicine without a prescription, I was unsure of how to answer, so I said no. I disclosed what happened in my interview, though. There…
Q: Can I include prior acts of harassment in my EEO complaint alleging a hostile work environment? A: According to 29 CFR § 1614.105(a)(1), complaints of discrimination should be brought to the attention of the EEO counselor within 45 days of the date of the matter alleged to be discriminatory, or with respect to personnel actions, within 45 days of the action ‘s effective date. The U.S. Supreme Court has held that an individual alleging a hostile work environment will not be time-barred if all acts constituting the claim are part of the same unlawful practice, and at least one…
Q: About 3 months ago, I filed a records-amendment request with a VA hospital, asking them to remove certain information. Under the federal statute, the hospital was required within a certain number of days to acknowledge in writing its receipt of my request and either make the requested corrections or explain its refusal to do so and permit and permit administrative review of the refusal. The hospital’s response was grossly out of the required time frame. Do I have cause of action for statutory damages? A: You may have a cause of action for any agency’s failure to timely respond…
With the legalization of marijuana for recreational use by the states of Colorado and Washington, and the growing number of states (and the District of Columbia) that have legalized the drug for medical purposes, there’s discussion among the federal workforce wondering how this affects them. What I typically hear is: “if it’s legal for me to smoke marijuana on vacation in Colorado, how can the federal government come after me for it?” The answer is quite simple. Since 1970, marijuana has been a Schedule I substance under the federal Controlled Substances Act and it remains so today. That means any…
Q: Can a federal employee preclude retirement when they reach the maximum retirement percentage in order to prevent a former spouse from receiving their court ordered annuity apportionment? A: Yes, if you keep working, then you will not be a retiree, and thus will not receive an annuity. If you are not receiving an annuity, then your former spouse will not receive the court ordered portion of the annuity. Unless you are in a position which has a mandatory retirement age, you can continue to work even after you “max out.” However, you should keep in mind that court orders…
Q: Can a federal employee assigned to a permanent supervisory billet be re-assigned to a non-supervisory permanent billet without any disciplinary or adverse action? A: Assuming that you maintain the same grade and were not demoted, then yes. Your employing Agency has broad discretion to place you where you best fit its needs, so long as that is not for any illegal reason, such as whistleblower reprisal or discrimination. This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth PC, a federal employment law firm. Disclaimer: Ask a Lawyer publishes information on this website for informational…
When I took over this column late last year, I opined that in 2014 I would be writing about the legal mechanics of a reduction in force (RIF), as many of us in the federal community expected that agencies would be forced to move from furloughs to RIF’s because of sequestration. That expectation seemed to change in December, when Congress reached a budget agreement that mitigated much of the sequester. Notwithstanding, a few weeks ago OPM announced it was conducting a RIF, and that may foreshadow what to expect from other agencies regardless of whether an agency has had its…
Q: When I request time for a sick day, I complete the appropriate form and submit it to my manager for approval. My manager drills me with a series of questions, such as why I want off? What is the nature of the illness? Why do I need half the day for the appointment? When was the appointment made? How much information do I have to supply to my manager in regards to my sick leave? A: An agency may grant sick leave only when supported by administratively acceptable evidence. For absences that exceed 3 days, or for a lesser…