Category Archives: EEO/Discrimination
WHEN AGENCY AWARDS DISCRIMINATE Unless the union has negotiated a criteria for granting awards or other safeguards agencies are largely free to do what they want with awards—unless the employee can find that s/he was treated differently than someone in … Continue reading
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EEOC PAYS LOSERS TOO Suppose an employee files an EEO charge or grievance over a denied promotion and the judge finds that there was discrimination in how the employee and other candidates were treated. But also assume that the judge … Continue reading
NFFE, NON-DISCRIMINATION AND THE NLRB Way back in 1986 NFFE demanded an agency give it data on employees so that it could pursue civil rights claims on their behalf, and FLRA upheld the union’s ground breaking logic then as well as two … Continue reading
WHAT IS CO-WORKER HARASSMENT? This VA case will give you a good idea. In a case of co-worker harassment, an agency is responsible for acts of harassment in the workplace where the agency (or its agents) knew or should have … Continue reading
A MINISTER, A MULLAH AND A MOHEL… simultaneously report to the Herring Brook District Office of a federal agency for their first day of work. They were each hired as Customer Service Representatives for the agency. The Mullah and the … Continue reading
DON’T STOP READING WITH THIS FMLA/ADA HEADLINE The Supreme Court just decided to not overturn a 7th Circuit decision that held a disabled employee was not entitled to additional leave once his/her FMLA leave ran out. The typical story headline reporting … Continue reading
CONGRATULATIONS, VELVA! YOU HAVE JUST WON 12 YEARS OF BACK PAY PLUS … These employees getting a decade or more of back pay for standing up for themselves must feel like the “Publishers Clearing House” van just backed into their driveway. … Continue reading
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
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
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