Category Archives: EEO/Discrimination

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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CHALLENGING PROMOTION NONSELECTION DECISIONS If you have followed us over the years you know that we believe that one of the most effective ways to challenge a promotion decision is through the EEO charge process. If the selectee is in … Continue reading

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EEOC REAFFIRMS THE AGE DISCRIMINATION STANDARD OF PROOF What does an employee have to prove to win an age discrimination case?  Does he have to show that “but for” a discriminatory act he would have received the promotion or other … Continue reading

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SSA SCHEMES TO SCREW SENIORS EEOC just found that several offices of the Social Security Administration have been scheming to exclude employees over the age of 40 from moving into jobs with higher career promotion.  EEOC not only gave eight employees … Continue reading

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EEOC PUNISHES VA’S CHRONIC DELAYS QUESTION: What can you do when an agency simply fails to produce an EEO Report of Investigation more than 270 days after the complaint was filed? ANSWER: Celebrate.

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PUSH-UPS, SMUSH-UPS. QUALIFICATION STANDARD UNENFORCEABLE Management can’t enforce physical fitness qualification standards for employees—unless they follow the law.  It is not hard to wander from the requirements, as the Fish and Wildlife Service (FWS) did not long ago. That case … Continue reading

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THE “HEBREW SLAVE” COMMENT An employee and her supervisor were communicating via e-mail when the employee commented that federal employees generally work shorter hours than private sector ones. The supervisor responded, “Wow,… then I must be a damn fool…cause I’ve … Continue reading

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LAW FIRM UPDATES FEMALE CBP OFFICERS ON THEIR PUSH-UP LAWSUIT Customs and Border Protection (CBP) established a push-up requirement for its law enforcement officers.  It is unclear whether they pulled the number of push-ups required out of thin air or … Continue reading

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THE CROWN OF THORNS CASE Some people put religious objects in their cubicle or office. Maybe it is a crucifix, mezuzah, kirpan, inverted pentacle, mandala, or rune. But we have to admit that we had never heard of someone putting … Continue reading

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EEOC SAYS IT WELL ON RELIGIOUS DISCRIMINATION        A hospital granted some employees a waiver from its mandatory flu vaccine program based on religious objections. But apparently it decided to get into whether a person’s particular religious beliefs are worthy of … Continue reading

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