Q: I would like to know if there is an allowed discrepancy of GS levels for the same position within the DOD. If not, what are potential methods of remedy that I should explore? A: A grade level represents a band or range of difficulty. The U.S. Office of Personnel Management (“OPM”) prepares classification standards and functional guides, which are used when classifying a grade of a position. If the work assigned to a position is covered by criteria in a standard for a specific occupational series, the work is evaluated by that standard. However, if there are no specific…
Browsing: OPM
Q: Can an individual sue OPM for letting her personnel information get hacked? A: Yes. A suit could be brought alleging a violation of the Privacy Act of 1974 by OPM for failing to protect information contained in a system of records. Specifically, an agency is prohibited from disclosing “any record which is contained in a system of records by any means of communication to a person. . . except pursuant to written request by, or with the written consent of, the individual to whom the record pertains,” subject to exceptions which are not applicable in this case. See, 5 U.S.C.…
Q: I was removed from a federal position for off-duty misconduct. I appealed to MSPB and won for procedural violations. The agency again proposed removal and I entered a settlement agreement with clean resignation “for personal reasons.” In 2015, I applied for a position with the federal government. The OF 306 asks is I’ve been fired, or asked to resign in the last five years for any specific problems. If I say yes, the whole agreement will come up and have to be explained, but I don’t want to say no and have them think I’m falsifying. What should I say? A: As…
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: I have been working without performance standards and my position description, classification and grade does not accurately reflect what I do. OPM has advised that they cannot conduct a review of the agency’s classification program without first allowing the agency to address the issue. The agency has not taken any action. Do we have any recourse to address this issue? A: The complicated, arcane and outdated classification system does depend…