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 discrimination complaint and am in the discovery process. Can I be fired for filing an EEOC complaint? A: It is illegal retaliation to fire someone solely because he or she has filed a discrimination complaint. The burden of proof is on the person claiming discrimination. In other words, you must be able to overcome or disprove the legitimate reason an agency will undoubtedly provide for a removal…
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: What is it called when a federal manager tries to stop an employee’s attempt to file an EEO complaint? How serious is this type of violation? A: Trying to stop any employee from exercising EEO rights is reprisal, plain and simple. It’s a very serious violation and often easier to prove than the other types of discrimination. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…
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 have been called a poor performer and my attendance and credibility has been questioned, which has created a hostile work environment. How do I handle this as a federal employee? A: I do not have enough information to answer this question. Generally, supervisors acting within the scope of their employment who accuse a subordinate of poor performance or attendance issues, even if the accusation is maliciously false, cannot be…
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 have an employee that makes frequent complaints of harassment. Can this employee be brought up on charges that she caused a hostile work environment due to false EEO allegations? A: Filing a hostile work environment claim against an employee requires a basis of discriminations, such as race, religion, national origin, disability, sex, etc. You cannot file a hostile work environment claim against an employee merely because she filed a…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: I have a pending case before the EEOC pertaining to disability discrimination in the Federal Sector. My understanding is that when the statutory time has elapsed I may pursue my case in Federal District Court. I have read that under the Rehabilitation Act I may be entitled to have an attorney appointed by the Judge to represent me. Can you advise me further regarding this entitlement? A: Pursuing an EEO Case in Federal District Court…