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 was written up by my supervisor and not given much information about it. She stated she received complaints from other employees that I do not treat all employees the same, and that another employee reported an incident. When I asked for more detailed information, she refused to provide it. A: Since a written warning is not a formal disciplinary action, your supervisor is not required by law to provide…
Browsing: EEO complaint
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 possible to file a civil suit against a supervisor for discrimination, falsification of federal documents against a federal employee, defamation of character, unequal opportunities to advance similar to non-ethnic employees? The EEO process has already started against her supervisor for not acting to correct the situation. I am considering filing against my boss in civil court, separate of the EEO action. Is this possible? A: No. Supervisors (and…
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 GS-9 and I was denied a promotion to a GS-11. However, how much of the GS-11 position description do I need to be performing to demonstrate I am working at the next level? A: To receive a career ladder promotion, you must demonstrate the ability to perform at the next higher level. If you are believe you are the victim of illegal discrimination, you of course may…
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 division chief and my employees requested a desk audit to determine if their grade levels were appropriate. After the third party auditor determined their grades were correct, I provided a rebuttal, as I believed the auditor did not have all of the facts. My employees are moving forward with EEO complaints. My office director had been identifying HR as rejecting the grade increases but the HR person…
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: As part of my duties I am expected to telework on occasion during off duty hours. I am permitted to telework when OPM grants “unscheduled telework” status and was approved by my director. However, my executive director denied my request, and I am classified as a non-bargaining unit employee. What are my options? A: Non bargaining unit employees can use the administrative grievance procedure to raise issues such as those…
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 representing my mother in an EEO complaint. As her representative, can I request copies of the documentation she submitted to her supervisor regarding her medical leave? A: Your mother is entitled to information the government maintains in a file with her name on it. She can designate you as her representative to receive that information. It is unclear to me that you have received that status as her…
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 recently applied to a training program offered through OPM. I was not selected and the person that was has less experience and a lower GS level than me. Can I contest this decision? A: The denial of training that could lead to promotion opportunities may be the subject of an EEO complaint. You have cited age and gender disparities as possible motivations. Remember, that you have the burden of…
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: After, two successful EEO discrimination complaints against my manager, she was promoted. I was told that the EEOC or ALJ does not have the authority to order an agency to take disciplinary action against a manager, but they can suggest it. Are there any instances where an agency could be ordered to impose disciplinary action? A: No, Congress would have to change the law. Bill Bransford is managing partner…
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 filed a claim for worker’s compensation in March and an EEO complaint in January and haven’t heard anything back. Is this normal? A: As to your “is this normal?” question on worker’s compensation, the answer is yes. Same answer to the EEO question. With some notable exceptions, such as the Merit System Protection Board, dealing with the government has many delays. 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: Can a person be promoted while under an EEO investigation? I was under the impression that an individual named in a formal complaint cannot be promoted until the final decision is released. A: There is a presumption of innocence that applies in law and has become a part of our general culture. Just because an EEO complaint has been filed, that does not mean discrimination has occurred. Also, in any…