Category Archives: EEO/Discrimination
QUIZ: WHEN IS CHARGING LWOP ILLEGAL? In this case an employee had an auto accident damaging someone else’s private property. After a short investigation, the employee’s supervisor informed her that she could choose between either taking Leave Without Pay (LWOP) … Continue reading
RESPECT THE ABAYA OR PAY What is an “abaya?” It is a loose-fitting ankle-length overgarment worn by Muslim women that conceals the outline of the wearer’s body. It is required by their faith, and if an agency refuses to reasonably accommodate an employee or … Continue reading
SSA & AFGE: FSIP BIGOTRY GONE WILD You can almost always rely on zealots to overreach. In fact, it is their greatest weakness and typically exposes a core bigotry. The new SSA-AFGE Panel decision is a great example of that. … Continue reading
THE ILLEGAL “100% HEALED” RULE Suppose your agency required employees to be 100% medically fit to do all aspects of the job before it would let them return from sick or FMLA leave. This rule could apply to feds guarding … Continue reading
PROBATIONER REINSTATED BY EEOC At the time of events giving rise to this complaint, Marquis was a probationary employee working as a Shipfitter Apprentice in the Norfolk Naval Shipyard (NNYS or Shipyard) in Portsmouth, Virginia.
FORBES MAGAZINE AGREES WITH FEDSMILL Earlier this month we felt it important enough to remind readers that the EEOC and the U.S. Courts are putting a lot of pressure on employers to stop using phony-baloney, non-specific, smoke-and mirrors rating criteria … Continue reading
RATING PANEL GRIEVANCES: WE HAVE SAID IT BEFORE AND HERE IT IS AGAIN Attacking the scores of a promotion rating panel is hard to do under traditional labor law. But, if you can find a reason to allege that there … Continue reading
PROMOTION ILLEGALLY DENIED DUE TO RISK OF FUTURE INJURY Promotions can be denied when an employee’s disability creates a risk of injuring himself or co-workers in the future; there does not have to be a record of past injuries. But, … Continue reading
“ENGLISH! ENGLISH!” That is what a manager shouted at two employees he found speaking Spanish while casually asking about each other’s families. When the employees filed a complaint alleging that was discrimination, the agency responded that surely a one-time incident … Continue reading
EEOC RULES METHODIST NEED NOT WORK SUNDAYS An interesting ruling came out recently in a case known as Stanton v. Brennan, USPS, EEOC No. 0120172696 (2019). The employee, a Methodist, claimed that his religion prohibited him from working on a … Continue reading
