The EEOC just issued a default judgment against the Secretary because he was unable to produce a Report of Investigation (ROI) on an EEO employee’s complaint in less than 400 days, which is far in excess of the regulatory deadline. As a result of the Secretary’s incompetence, the U.S. Government will now have to spend taxpayers’ money to retroactively reinstate and reimburse an employee terminated as a probationer way back in in March 2011. That will include all the promotions she should have received, awards, overtime, etc. not to mention seven years of seniority, pensions contributions, health insurance coverage, etc.  The Secretary should get down off that horse he is constantly posing on to build his image and actually get the work of government done. As far as we are concerned, he owes the public an apology as well as a promise to pay this tab himself.  HOW HARD IS IT TO PRODUCE AN ROI ON A SINGLE EMPLOYEE’S PROBATIONARY TERMINATION IN 365 DAYS WHEN YOU HAVE TENS OF THOUSANDS OF PEOPLE WHO WORK FOR YOU?  

Sadly, the union blundered here as well.  When the employee came to it for help because of persistent sexual harassment, according to EEOC the union said it could not help her because she was a probationer.  WRONG, WRONG, WRONG! Probationary employees have over a dozen ways to challenge a dismissal and the union can represent them in each one.  We listed them in 16 WAYS PROBATIONERS CAN APPEAL TERMINATIONS. The union had the right not to take the case, but if it had maybe its attorneys would be getting the $50,000 EEOC awarded the employee’s lawyer as well as the invaluable right to brag that it got an employee her job back with eight years of back pay and another $50,000 for the pain and suffering of the termination.

If you want more details about this case, check out Denise Y., v. Ryan K. Zinke, Secretary, Department of the Interior, EEOC No. 0120160694 (2018).

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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