Category Archives: EEO/Discrimination

IF YOU ARE COUNTING, … today’s post is number 900 for Fedsmill. Can number 1,000 be that far away? Thanks to all the subscribers who keep us energized about this project.

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SECRETARY ZINKE IS INCOMPETENT, AND THE UNION WAS NOT MUCH BETTER The EEOC just issued a default judgment against the Secretary because he was unable to produce a Report of Investigation (ROI) on an EEO employee’s complaint in less than … Continue reading

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PANEL CONTINUES TO IMPOSE ILLEGAL, UNENFORCEABLE (AND CLUELESS) DECISIONS Not long ago, we wrote about the Panel exceeding its legal authority by imposing a contract clause even more onerous on the union than what the agency had proposed.  But that … Continue reading

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DHS MANAGERS’ SWORN STATEMENTS “SUSPICIOUSLY THIN AND VAPOROUS AND NOT SUPPORTED BY THE RECORD” SAYS EEOC The facts of yet another Homeland Security merit promotion EEOC case brought a big smile to our faces. No other agency manipulates the law, … Continue reading

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HOW AGENCY COUNSELS UNETHICALLY INFLUENCE EEO INVESTIGATIONS Attorneys are supposed to aggressively represent their clients, but they are also required to avoid acting unethically.  The EEOC just issued a decision reminding agency attorneys of that.  It found that attorneys representing … Continue reading

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EEOC RULES CUSTOMS & BORDER PROTECTION “UNWORTHY OF BELIEF” AGAIN It is no secret that too many managers in CBP play it fast and loose with the merit selection rules. So, it warms our heart to see the EEOC confirming … Continue reading

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A PEEK AT TRUMP’S PERFORMANCE MANAGEMENT MESS The President has issued Executive Orders that greatly discourage from treating similarly situated employees the same when taking action for poor performance. He wants the path clear for a manager to clobber one … Continue reading

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HOW AGENCIES BEAT THEMSELVES IN PROMOTION CASES A GS-2210 IT employee (let’s call him William) got passed over for promotion in favor of a far younger employee even though William had  worked in a similar position for over 19 years, served … Continue reading

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NAVY MANAGER DISCRIMINATES AGAINST PHILIPPINE EMPLOYEES The EEOC guidelines on English-only rules, found at 29 C.F.R. § 1606.7, state that an employer may require that employees speak English at certain times in the workplace only if the employer can show … Continue reading

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HOW EEOC PROTECTS FORMER EMPLOYEES A former employee has 45 days after s/he leaves an agency to file a complaint over some discriminatory treatment.  That can be extended if the employee only learned of the discrimination after the 45th day.  … Continue reading

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