Category Archives: EEO/Discrimination

HOW TO PROVE DISCRIMINATORY PRETEXT Once the agency puts forth its explanation for why it made the decision the employee considered discriminatory, e.g., a promotion, a reassignment, a suspension, etc., the employee is expected to prove that the explanation is … Continue reading

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EEOC REAFFIRMS RIGHT TO ACCOMMODATION REASSIGNMENTS It seems like every day we check this Administration has taken away one employee right after another.  So it was comforting to see the new EEOC decision reconfirming a disabled employee’s reasonable accommodation right … Continue reading

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RELIGIOUS ACCOMMODATION, OVERTIME, AND SATURDAYS OFF FOR PROBATIONER EEOC just decided a case in an employee’s favor because the agency made a technical mistake in how it considered overtime costs in deciding whether the employee’s request for Saturdays off would … Continue reading

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“FMLA-PLUS” LEAVE” WHAT IS IT? Over the last decade or so the idea has slowly taken hold that an employee can be entitled to even more time off the job beyond what FMLA might give him/her.  The basic theory is … Continue reading

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JUST 10 DAYS OF HARASSMENT MERITS $75,000 IN DAMAGES & MORE An employee of the Federal Bureau of Prisons filed a formal EEO complaint in which he alleged that from April 15 through April 24, 2013, several senior management officials subjected … Continue reading

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EEOC ENFORCES 9 YEARS OF BACK PAY We can’t say enough about employees (and unions) who stay in a fight with their agencies for years and years to force the agencies to pay every dime owed.  No deals, no settlements, no … Continue reading

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DENIALS OF LATERAL REASSIGNMENTS CAN BE EEO ADVERSE ACTIONS On August 25, 2016 we posted a story about a D. C Circuit court decision holding that an employee may not file an EEO complaint over a lateral reassignment because the … Continue reading

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EEO CHEAT SHEET We love blog posts that briefly list and describe arguments we can make on behalf of employees in one situation or another. They are great tools for structuring employee grievance interviews about the facts or for building … Continue reading

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BECAUSE MANAGEMENT’S DECISION SHOCKED HER IT NOW OWES HER $$$$  We have posted more than a few stories on this blog about how employees can get compensatory damages when they are victims of discrimination.  That money is not only on top of any … Continue reading

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WHEN IS AN ACTION ADVERSE ENOUGH FOR EEOC? One of the reasons an agency will raise to dismiss an employee’s EEO complaint is that the action s/he complained of was not adverse enough to be actionable.  While EEO law does … Continue reading

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