MANAGEMENT’S IMPERIAL VIEW OF ITSELF
We don’t hate management; in fact, we believe that both labor and management need to be very skilled at what they do to create a satisfying, effective workplace. But it does raise the hairs on our neck every time we see managers acting as if they are divine sovereigns who are incapable of error. A new decision involving the Dep’t. of Defense Education Activity (DoDEA) provides a classic example of one such manager who thinks too highly of herself. The decision also underscores how to take that kind of manager down.
In this case, a teacher with a disability, Isabelle, asked for a reasonable accommodation. She wanted to be assigned to teach in the DoDEA virtual school program or at least as a Reading Specialist rather put back in a traditional classroom. She told management that she suffered from medical conditions that limited her mobility and ability to breathe, which in turn limited her ability to work in-person with others during the COVID-19 pandemic. She also was dealing with anxiety and depression, which made it difficult for her to handle stress and adapt to new situations.
The school had a vacancy for a Reading Specialist, but the principal decided to force her back into a classroom.
When the EEOC judge asked the principal for a reason why Isabelle was not assigned to a job that would better accommodate her disability, the answer was—
There really is no reason. So, I had a classroom vacancy and she’s certified as a classroom teacher. As a building level administrator, I’m approved to assign the staff based on where I feel they would fit within the needs of what I have. And [Isabelle] is a fantastic classroom teacher. I knew she’d perform well. She had just been teaching fourth grade and other grades in the virtual school. There really wasn’t a reason one way or the other. She’s returning from virtual school, she’s certified, I have an opening and that’s where I placed her.
In other words, the principal thought she was the Pope of the school, i.e., free to decide whatever she wants because something akin to the Bible, probably her position description, vested her with unquestionable power over teachers’ lives.
The judge shouted, “NOT GOOD ENOUGH!” Actually, he wrote in fancier terms that the Agency failed to articulate with sufficient particularity a legitimate, nondiscriminatory reason for not assigning Complainant as an RSS for SY 2021-2022 such that Complainant would have a full opportunity to demonstrate pretext. If management does not offer a reason for a personnel decision that the employee can attempt to disprove, management loses. Discrimination found.
Unfortunately, Isabelle had retired by the time EEOC decided her case. Nonetheless, it ordered the agency to restore and repay her for any leave she had to take during the time she was not accommodated, extra money to cover any extra income tax liability flowing from getting all that cash at once, and another $62,000 on top of that in compensatory damages. It also ordered the agency to consider disciplining the principal.
So, how do you take down a manager who thinks s/he does not need a reason to do something that adversely impacts an employee? Go after them by alleging an EEO violation. You can file that with EEOC or through your negotiated grievance procedure. Once you raise EEO, the agency official must provide an answer that meets EEOC’s demand for a legitimate business-related reason particular to the employee.
For more details on the case, check out Isabelle G., v. Lloyd J. Austin III, Sec’y, DoD DoDEA, EEOC No. 2024002097 (2024).