An unpleasant work environment is not the same as a hostile work environment (HWE) within the meaning and application of actionable discrimination law and concepts.
Category: EEO
Articles concentrating on the wide range of EEOC litigation affecting federal and public (state and local) employees. We provide information regarding all aspects of EEO litigation including identifying valid complaints, case management, filing complaints, structuring claims to meet administrative requirements, preparing for settlement negotiations (mediation), hearing preparation, building a case, evidence, and other matters in support of EEO litigation.
Timeliness in Federal Discipline
Question “Can a disciplinary (suspension w/out pay of 14 calendar days or less) or adverse (suspension w/out pay of 15 calendar days or more, demotion, or removal) action be challenged for timeliness if the employee has been on administrative duty…
MSPB Judge’s Handbook
Merit Systems Protection Board (MSPB) Judge’s Handbook and Guidance applicable to federal employees and advocates.
Whistleblowing
Whistleblowing involves disclosure of information an employee or applicant reasonably believes evidences a violation of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety.
Yet Another EEO Process Chart
One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be confusing to the uninitiated. This is why there are numerous published EEO complaint process charts.
“In Lieu Of” Removal
Federal employees faced with removal possess the ability to resign prior to the effective date of the removal action. Employees otherwise eligible for retirement maintain the ability to retire prior to and after the effective date of removal.
Probationary Employee? Maybe Not.
Consultants from InformedFed experienced an increase in the number of cases in which a federal employee receives notice of probationary period termination, but is in fact not an employee on probation.
Constructive Suspensions
An employee’s voluntary absence from duty is never appealable. In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….
Overtime in the Federal Sector
Overtime is considered an assignment of work and thus a management right at Title 5 USC § 7106. However, procedures for distributing overtime have generally been determined to be negotiable as are appropriate arrangements for affected employees.
Resignation and Crime Provisions
You can resign from your position in federal service at any time; you do not need agency approval to do this and you do not need the agency to “grant” you a resignation. However, you would not want to “request removal” because in essence, you are asking to be removed (fired).
Performance Standards & Plans
Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of agency regulations, collective bargaining terms, statutory law, federal regulations, and a body of seemingly confusing and contradictory case law.
Mixed Case or Mixed Appeal
The world of federal employee labor relations, like other similar fields of practice, is incredibly nuanced. Many times, we are asked the difference in such nuances and mixed cases and appeal definitions are constant questions.
Latest Client Testimonial
In retrospect, stating the complaint and appeal on the front end turned out to be 99% of wining the case on the back end.
Federal EEO Complaint Process
Clarifying the EEO Process in Federal Sector During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process (see, EEOC MD-110). It is important to realize federal agencies control the…
FAQ: Ward Violations
A Ward violation (Ward v. USPS, 111 FMSR 183 (Fed. Cir. 02/17/11) occurs when a deciding official considers information not previously noticed to the employee via the proposal notice.
Performance Appraisals: Mid-Year Reviews
Performance evaluations, also called performance appraisals, performance ratings, and performance management, can be controversial for a number of reasons.
When to Contact a Consultant
“When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” Also, “Will my union pay associated fees or help me in any other way?”
When to Settle an EEO Claim
An EEO Complaint may be settled at any time during the entire process from Informal Counseling (precomplaint stage) to EEOC Hearing. Many Complaints are settled between the formal complaint and the Final Agency Decision (Hadley).
Why is the EEO System So One-Sided?
I was thinking about filing an Equal Employment Opportunity (EEO) complaint but did some research and found that less than 3% of people who file actually win. Why is this system so one sided?
What is MSPB e-File?
The Merit Systems Protection Board (MSPB) e-file, also known as “e-Appeal” or “e-appeal online,” is an electronic method of filing your initial MSPB appeal, Pleadings, Addendum’s, as well as checking your existing case status.
Opportunity for Discovery
We will introduce employees to the general concept of discovery in both MSPB (adverse actions including removal, demotion, etc.) and EEOC (EEO complaints) proceedings and encourage the employee who may be self-representing (Pro Se) to engage the process.
Due Process in Federal Service
The false belief, almost legendary at this point, that “you can’t fire a federal employee” is absolutely absurd. This Merit Systems Protection Board (MSPB) report supports our view.
Performance Appraisals for Federal Employees
Supervisors have broad discretion in arriving at your end of year rating. If anyone else tells you different, they are lying to you or simply lack basic knowledge in federal personnel law.
Federal EEO Claims and Basis
As we discussed in many other articles and tell our clients in every initial briefing concerning EEO complaints, EEO complaints are unknowingly won or lost on initial contact with an EEO Counselor (informal stage).
EEO Report of Investigation
The importance of a quality ROI product cannot be overstated. The ROI will be heavily relied upon by agency attorneys to determine if settlement is appropriate. EEOC judges will rely on the ROI as the official record of the case in arriving at their decision.