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.
Requests for Admissions Excluded from EEO Discovery?
Requests for Admissions in the EEOC discovery phase is a very important, but often underrated component of discovery. It now appears at risk.
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,…
Initial EEO Interview Session
In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
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.
Pandemic and Post Pandemic Federal Employee Travel
Pandemic and Post Pandemic federal employee travel will be a key area of employment impacted by societal changes resulting from the Pandemic.
Disabled Dependents and FEHB
FEHB and disabled dependents is a topic not usually encountered in the administration of federal employee benefits.
Performance Awards
End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”. It should be noted that these…
Mandatory COVID Vaccinations
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.