During his presidential campaign, President-Elect Trump claimed he disavowed Project 2025 and “knew nothing” about it. As he rarely remembers how he lied last time, Trump has since reversed course and now admits he knew about Project 2025 and the…
Tag: EEOC
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.
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…
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,…
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.
Mandatory COVID Vaccinations
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.
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.
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.
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.
COVID-19 & Termination of Authorized Telework
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic.
Mediation and Settlement Service Announcement
Employees engaged in pro se administrative litigation (for example, EEOC complaints or MSPB appeals) often just seek assistance during specific components of a process in an effort to save money.
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.
Whistleblowing
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.
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.