Q: I have an EEO Complaint and I designated a representative to represent me. Initially, my representative was not employed. However, my representative recently began to work in EEO office of another agency. The Agency’s representative is now asking my representative if she would have a conflict of interest representing me. Can she be my representative? A: In some cases, a representative can be disqualified for having a conflict of interest. As the Code of Federal Regulation states: “[i]n cases where the representation of a complainant or agency would conflict with the official or collateral duties of the representative, the Commission or…
Browsing: EEO
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: After I submitted allegations of EEO discrimination and an informal investigation was completed, I was transferred to another agency for being disruptive and causing lack of productivity. That’s something I have never done. Can I hold the agency and it’s leadership accountable for not taking any action against my supervisor and transferring me? A: The EEO system will adjudicate your complaint. You also may file a retaliation complaint for your…
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 an EEO complaint against my supervisor. An informal investigation was completed after 6 months and the agency did not give me access to its findings, after I expected to receive this. A formal investigation followed. However, I was moved from my workplace to a separate location for allegations made against me by my supervisor. Can I obtain the findings from my informal investigation? Can I sue other federal…
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 worked as a contractor for over nine years with 30 other contract employees. Recently three contract employees were made federal employees, but the rest of us were still contractors. Is it legal for the government to promote only certain employees? How does the government choose which jobs become federal positions? A: This question cannot be answered fully without knowing the hiring authority under which the other individuals became…
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 non-lawyer can be a representative in an EEO case and what can’t they do that a lawyer can? A: The EEOC is not a court and a non-lawyer can represent a complainant there. If the case ends up in federal district court, the complainant can only proceed pro se (represent him or herself) or with a licensed lawyer. If a non-lawyer represents someone at the agency or at…
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 case with Merit Systems Protection Board (MSPB), but I believe it will be dismissed for lack of jurisdiction. If the MSPB dismisses my case, can I appeal the discrimination claims to the Equal Employment Opportunity Commission (EEOC)? A: You have described a mixed case. So long as you raised your discrimination claim as a part of your MSPB appeal, you may continue with EEO processing if the…
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 was the respondent in an EEO (Equal Employment Opportunity) discrimination complaint. I gave testimony and provided evidence in my defense. I was not found in any way to have discriminated against anyone. However, I raised some issues about my superior and her mismanagement and her “threat” made to me. I also did not like the way the EEO investigators conducted themselves, though I was not found to have discriminated. Since the investigation, Ii have…