Archive for the ‘News’ Category
EEOC Timeframe Overview
Timeline in the Private Sector EEOC Complaint Process (Employed by local, state, municipal or private company) Formal Complaint Stage 1. Formal complaints of discrimination are filed with the United States Equal Opportunity Commission …
Case Law Update – Government Does Not Waive Timeliness Objection by Accepting and Investigating an EEO Complaint, Second Circuit Rules
A government agency does not waive a timeliness objection simply by accepting and investigating an Equal Employment Opportunity (EEO) complaint, the Second Circuit ruled in a recent decision.In this case, a Department …
Federal Legal Corner: Email Abuse Creates Hostile Environment
The Office of Federal Operations (OFO) of the Equal Employment Opportunity Commission recently held that a supervisor’s improper use of a subordinate’s email account alone is enough to support a claim of …
Probationary worker can’t grieve removal, despite ULP claim
The FLRA upheld an arbitration award ruling that the bargaining agreement barred a probationary worker’s claim that his removal was in retaliation for protected union activity. NTEU, Chapter 193 and Department of the …
Unintentional misinformation renders retirement involuntary
The MSPB ordered the Army to reinstate to his former position an appellant who retired involuntarily due to the agency’s misinformation about his military deposit. Salazar v. Department of the Army, 110 LRP 72890 …
Loss of child custody, frequent lack of food warrant $165,000 award
The EEOC found the Postal Service subjected the complainant to discrimination, entitling him to $165,000 in nonpecuniary damages, back pay, and attorney’s fees. Padilla v. U.S. Postal Service, 110 LRP 59945 (EEOC OFO …
Union president’s screaming at witness is protected activity
The FLRA ruled that a union president’s interruption of an investigative hearing by screaming at a witness to “Get out!” was a protected activity. Local 2145 and Department of Veterans Affairs Medical Center, …
Are There No Limits to EEOC’s Audacity?
http://feltg.com/blog/are-there-no-limits-to-eeocs-audacity/
D.C. Circuit Clarifies Threshold for Retaliation in EEO Claims
A recent decision by the U.S. Court of Appeals for the D.C. Circuit has clarified and lowered the threshold of what defines “retaliation” in claims of discrimination. The Court of Appeals held …