Tag: EEOC

Dealing With… Hostile Work Environment

Note, this article is part of our continuing series of articles titled “Dealing With….”.  This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employees to a certain degree) dealing with…

$900,000 Federal Agency EEO Settlement

Believe it or not—-It’s True On January 29, 2016, the Department of Housing and Urban Development, in federal district court, settled an EEO case with a federal employee for $900,000.00 (this is not a typo).  In Lenkiewicz v. Housing and…

Whistleblower Rights and Prohibited Personnel Practices

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.  The…

Yet Another EEO Process Chart

One of the most common questions we receive concerns the Equal Employment Opportunity (EEO) complaint process.  Yes, without question, the process can be very confusing to the uninitiated. This is why there are numerous published EEO complaint process charts.  Here, we present…

Opportunity for Discovery

Since the primary purpose of this site is to provide immediately usable advice to federal employees, this article will not present a treatise on discovery theories, methods, or strategies in MSPB or EEO proceedings (consult your Master Agreement for discovery…

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).  However, there are certain defined…

EEO Report of Investigation

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

Federal EEO Claims and Basis

Establishing and Controlling your Claim and Basis As we discussed in many other articles and tell our clients in every initial briefing concerning EEO complaints, EEO complaints are won or lost on initial contact. In the complaint process, this is…

Can You “Trust” an EEO Counselor ?

Watch Those EEO Counselors When reading this post, please remember our position that an EEO Complaint can be an incredibly powerful and effective tool, eclipsing other appeal routes such as negotiated grievance procedures and administrative grievances.  The issue is whether…

“Non Employees” Can File an EEO

Applicants and Former Federal Employees have “Standing” to File A common question we receive is whether a former employee or an applicant for employment can file an EEO complaint.  The short answer is yes.  As noticed by the EEOC, “If…

Making Initial Contact: EEO

Making Initial Contact in Pursuing an EEO Claim 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…

Mixed Case or Mixed Appeal

EEOC, MSPB, 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…

What Our Clients Say

Testimonial From a Client When I first contacted you, the agency had me very worried.  After speaking to you, I felt you sincerely cared about the outcome of the case.  You quickly read many documents and developed a strategy for…

FAQ: When to Contact a Consultant

Question: “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?” Answer:  As soon as possible.  This…

Federal EEO Complaint Process

Clarifying the EEO Process in Federal Sector During the past year, we noticed many agencies deviating from a clearly defined EEO complaint process.  Some examples include: Requiring employees to waive access to EEO counselor and counseling to pursue ADR (mediation)…

Make the Most of Our Initial Call

How to Maximize our Initial No Obligation Phone Call As you may know, our Consultants provide initial no obligation consultations.  This is our opportunity, and yours, to determine whether our services will be useful to you.  Often, our initial consultation…

Constructive Suspensions

When is a Suspension a Suspension Cutting right to the point and using general terms, a federal agency is empowered to (more common scenarios), Force federal employees to use accumulated leave (enforced leave) Force federal employees into a Leave Without…

Little Things: Proving Delivery

Little Things Can Add Up The issue of “delivery,” “notice,” “timely notice,” “timely delivery,” or any of it’s variants sometimes surfaces in administrative litigation such as grievances, disciplinary actions, adverse actions, EEO complaints, arbitration, etc…  As we instruct our both our…

Probationary Employee? Maybe Not.

Increasing Confusion and Mistakes Among Agencies Consultants from InformedFed are reporting 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.  This situation…

Leveraging the EEO Process

While most people automatically assume EEO complaints must be race or gender based, with a distinct and irrefutable “trigger event” such as a racial slur or physical contact, the truth is successful EEO complaints can be based on subtle actions over a period of time and on a myriad of basis such as age, retaliation, color (skin pigmentation regardless of race), disability, and others.

FAQ: How do I Appeal a Furlough?

Question “I heard furloughs can be appealed.  Is this true?” Answer There are two predominant routes of furlough appeal.  MSPB and EEO. Clearly any appeal related to furlough is an uphill battle.  However, one view is that such an appeal may preserve future…