Tag: EEO

Proving Delivery

In Morgan v. Department of Veterans Affairs, 108 LRP 7740  , EEOC No. 0120080380 (EEOC OFO 2008), a tracking slip showing a notice of right to file was left at a complainant’s doorstep.  However, it was not conclusive evidence the complainant actually received the notice on that day. 

MSPB Right to Counsel Not Absolute

Recently, a Federal employee argued the Merit Systems Protection Board (MSPB) “abused its discretion” by failing to appoint (and pay for) an attorney to represent her.

MSPB Judge’s Handbook as a Resource

Reviewing the MSPB Judge’s handbook, whether you are a union representative representing an employee in an adverse action under appeal at the Merit Systems Protection Board, or you are an employee representing yourself, can prove a valuable resource and an…

EEO Process Chart for Federal Employees

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. 

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 Suspension in Federal Suspension

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….

Mixed Case or Mixed Appeal EEO Complaint

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.

When to Contact a Consultant

When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” What about for an EEO Complaint?

When to Settle an EEO Complaint

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).

Is the Federal EEO Complaint System Fair

Background Question I don’t think the federal EEO Complaint system is fair. I was considering filing a complaint but did some research and found less than 3% of people who file a complaint actually win at hearing.  Why is this…

EEO Claims and Bases Importance

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 (ROI)

Establishing the Official Case Record Through the EEO Report of Investigation We previously covered the EEO Complaint process, which can be very confusing to the uninitiated.  However, to recap in context, the EEO Report of Investigation (ROI) follows the filing…

Leverage the EEO Process If Needed

Federal Employees Should Leverage the EEO Process This article is not intended to serve as a treatise on filing an EEO complaint.  It is intended to serve as an introduction to why you may want to leverage the EEO process rather than the…

Reasonable Accommodation & Unexpected Consequences

This article is not intended to provide detailed instructions in applying for Reasonable Accommodation.  Each circumstance and set of facts is unique and instructions are specific in that regard as well as internal agency regulations. Instead, this article is intended to…

Making Initial EEO Contact to File a Complaint

Initial contact with an EEO Counselor is a seemingly simple, but incredibly critical task to preserve appeal rights.  This is the very first step in filing an EEO complaint and must be accomplished within forty-five days of the agency’s alleged…