Tag: EEOC

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,…

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.

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. 

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.

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…

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). 

EEO Report of Investigation (ROI)

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