We Endorse Kamala Harris

Our Political Background We endorse Kamala Harris because Democracy matters. For over a decade, our group has refrained from expressing political opinions, focusing instead on federal employee pay, benefits, and employment due process—all of which were attacked by Mr. Trump.…

The Evidence File

The term “evidence file” has many applications in the administration of certain personnel actions in the spectrum of federal employee and labor relations.  “The evidence file” is often associated with a disciplinary (suspension of 14 days or less, reprimand, admonishment) or…

EEOC Discontinued Use of PCI Form

As stated earlier, the PCI form appeared a significant departure from previous discovery and acknowledgement order processes, authorized via an EEOC Acknowledgement Order, that seemingly intended to significantly limit discovery.  However, it appears the EEOC discontinued use of the PCI form as of January 10, 2024, as indicated by the screen shot below of an acknowledgment order recently received by a client dated February 7, 2024.   

EEOC or MSPB Motion for Stay

An EEOC or MSPB Motion for Stay is made by one party (sometimes both parties in a joint motion) in an EEOC (Equal Employment Opportunity Commission) or MSPB (Merit Systems Protection Board) case to temporarily halt the proceedings of the…

EEOC Scheduling Order

An EEOC scheduling order is a formal document issued by an EEOC Administrative Judge that sets out the timeline and deadlines for various stages of the EEOC hearing process. This Order is typically issued just prior to the start of…

Damages in Federal Sector EEO Cases

Damages in Federal Sector EEO cases are specific.  Compensatory damages are awarded to compensate an individual for actual losses suffered as a result of discrimination in the workplace. These damages are intended to make the individual whole by reimbursing them…

The Initial Decision

The Initial Decision by a Merit Systems Protection Board (MSPB) judge is a ruling made by a presiding administrative law judge that addresses a complaint or appeal filed by a federal employee or applicant for federal employment. The MSPB is…

Temporal Proximity

Temporal proximity is a legal term used to link events that occurred relatively close to each other. Application of this term predominantly arises in connection with EEO complaints, (post) Reasonable Accommodation claims (reprisal), and whistleblower claims in the federal sector,…

Are Douglas Factors Required?

We often receive calls from prospective clients who believe their due process was violated because the agency failed to conduct a Douglas Factors analysis in connection with a proposed action. Some unions have even advised federal employees that an agency…

The Initial Case Assessment

We often receive inquiries from prospective clients who are involved in some type of administrative personnel litigation and are confused.  This confusion typically relates to the unfamiliarity and complexity of certain actions such as a proposed removal or disciplinary action,…

Bruner Presumption

An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.

Returning to the Office

As federal employees begin returning to the office or otherwise contend with instructions to do so, it is important they understand implications for decisions in not returning to the office as instructed.