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 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.
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.
Protected Health Information (PHI or Medical Information)
The safeguarding and regulatory compliant handling of Protected Health Information (PHI), also referred to more broadly as medical information, in our opinion, presents one of the most significant risks for federal agencies and managers (particularly with an aging workforce and increased frequency…
Federal Agency Discovery Requests
Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.
Consultant or Attorney? It’s your choice.
The decision to engage the services of a consultant or attorney, or even relying on a union representative, arises often with serious federal workplace issues and personnel actions. When facing an adverse personnel action (such as removal, demotion, etc.), or…
EEOC PCI : Preliminary Case Information Order
As of the publication date of this article, the EEOC PCI process is a relatively new development that will affect all case processing.
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.
Case Evaluation for Prospective Clients
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
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.
Unpleasant Work Environment is Not Unlawful
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.
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.
EEO Complaint Process in the Federal Sector
During the past two years, we noticed many federal agencies deviating from a clearly defined, though not stringent, EEO complaint process.
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…
MSPB and EEO Discovery Opportunity
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
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).