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Federal Employees: You be the Judge


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BIGPAPPA  
#21 Posted : Tuesday, April 28, 2009 9:01:50 PM(UTC)

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Pertaining to the EEOC case I wouldnt go on and on about it.. Sit back and let time go on. There is a very good reason for this. If you look at court cases where defaults were won especially the recent court cases. You will read that 60 business days of failure to complete and investigation can lead to sanctions and default. This has been sustained by OFO. If they give you an incomplete file.. Now to EEOC an incomplete file is... you and the Judge get the complaint file but they did not hand over the ROI "report of investigation" If the agency has not done an investigation what happens is the judge will give them 15 days and warn them if they fail sanctions can be applied, then they will give 45 days and warn them sanctions can be applied. Finally an order to show cause pops up. Citing the judges orders the judge will ask the agency "why did you not comply?" the agency goofs around and the judge hits them with sanctions because they have no real excuse "short on staff is not an excuse"
Linda Joy Adams  
#22 Posted : Saturday, May 09, 2009 12:09:45 AM(UTC)
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Within the last year, i filed HIPPAA And civil rights complaints on the illegal activity on my three insurance, OWCP, FED BLUES And Medicare. Some of the actions seemed to indicate retaliation for prior EEO complaints from when Social Security, my employer, was part of HHS. Years ago, I settled the EEO matters and signed an agreement with SSA on various matters but HHS was not present and didn't sign for incidents done by HHS employees, and many of those job titles are still HHS, not SSA. i.e. the 'orders' came from HHS, above SSA. Now are those 239 complaints still pending against HHS? No one can say they are not. Anyone know what happens when an agency becomes independent? Linda Joy Adams
BIGPAPPA  
#23 Posted : Friday, July 03, 2009 4:46:10 AM(UTC)

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Actually if I were you I would never gone to MSPB that was a rookie error. You should have stuck with EEOC.

As for EEOC it sounds funny but if the agency has not given you the complaint file with the ROI sit back. If the agency give a partial complaint file it looks better for you. You were right to question the complaint file because you can do voluntary discovery after you receive the complaint file. You should have politely sent a certifide letter asking for the paperwork. If they don't respond to you or tell you no at point you make a motion to compel to the judge for the records that you are seeking from the agency. Let the judge work that issue out. Also you are putting too much of your information out here on the web you need to pull back.

quote:
Originally posted by JoyofLiving:
Well, actually, the EEO file has only two documents that aren't mine. The affidavits by my first and second line supervisors and true to their demeanor, there are numerous contradictions. One example is that my supervisor stated that I resisted training. Well, discovery proves I was never offered training. The second line supervisor stated that he didn't know about my health problems until 1/08 when evidence proves he knew about it in July 07 when the problems began to escalate.

Funny, the first line supervisor threw papers at me too! For me though, there were four witnesses and his apology is digitally recorded.

Who knows how this will turn out? It's been a remarkable and enlightening experience for me. I'm challenged by all of it, not at all depressed over it. My former supervisor used to call me relentless and he was annoyed that I asked questions. (in writing too). According to him, my questions were annoying and constant. I would ask for clarifications and this bothered him. I have an education background, both undergraduate and graduate. Seems to me, we encourage people to ask questions for clarification. Good supervisors know that too. We're the chosen few who get challenged with supervisors who are bullies, demi-gods, tornadoes ripping through their subordinate staff's lives causing havoc and frustration until we reach our limit and files complaints against them. I have documents where my supervisor complains about the disclosures I made, particularly since I went outside the division to the OIG and GAO. He wrote that I chose to go outside the organization. Now, he should know that I have the same rights (I hope) that all employees have. I don't need his permission to file disclosures.

Yeah, these supervisors are powerful and seemingly more credible than we are. But, at the same time, they make a lot of mistakes; they contradict themselves; they lie; they forget; they fabricate. We need to learn to document, document, document. Keep the brain going and the memory active. Take notes, journal, save email, and ASK QUESTIONS!
Dan Diego  
#24 Posted : Wednesday, May 12, 2010 8:50:43 AM(UTC)
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A quick question for those of you in the know: The EEOC reversed a Department/Agency final decision dismissing a complaint of discrimination.  The EEOC ordered the Agency to provide me with a hearing with either an EEOC Admin Judge or a final agency decision by the Agency's Office of Civil Rights without a hearing.
 
Is this a no-brainer? Should I select the hearing with an Admin Judge or can the Agency be trusted to render a fair decision?  I don't trust the Agency as it's already sided agaisnt me and had to be overturned (reversed) on appeal.
 
Well, EEO experts? What say you?
 
Thanks!
 
Dan
frankgonzalez  
#25 Posted : Wednesday, May 12, 2010 11:26:26 AM(UTC)
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Based on my experience, I would never select a FAD and would request a hearing.
You should have voted Cthulu...the greatest of all Evils
freeageless  
#26 Posted : Wednesday, May 12, 2010 12:24:12 PM(UTC)
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This is again one of the few times, where I agree with Frankgonzalez. You definitely want the hearing. At the very least, it will enable you to establish a much more comprehensive record if you decide to go into federal district court. You can use it for cross-examination, impeachment purposes and a lot of other things in district court.
Dan Diego  
#27 Posted : Wednesday, May 12, 2010 11:33:37 PM(UTC)
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Thanks for both responses.  I've researched the issue as extensively as I could (I must respond soon) and that's the way I was leaning (a hearing).
 
I appreciate your quick and positive responses.  Thanks!
 
(Now it's "hurry up and wait" right?)
Stella Maris  
#28 Posted : Thursday, May 13, 2010 4:29:38 AM(UTC)
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Waiting for the agency FAD is a longshot that they will agree you were discriminated against.  I wouldn't waste my time.  As soon as the ROI came in, I had 30 days.  I filed on the 26th day via priority mail with a receipt....well worth it.  I also faxed the request for a hearing.
 
 
Great Spirit, let me not judge another until I have walked in his moccasins a moon or two.
Dan Diego  
#29 Posted : Thursday, May 13, 2010 4:58:09 AM(UTC)
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I know this is a subjective question that may vary greatly from case to case, but what kind of wait can a grievant expect in these circumstances? Months? Years?
 
This is after the original agency decision was reversed on appeal.
BIGPAPPA  
#30 Posted : Thursday, May 13, 2010 5:26:07 PM(UTC)

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Go get a 20 cases of beer and create garden and learn to be a black belt in aikido by then your case will come up.

Dan Diego wrote:
I know this is a subjective question that may vary greatly from case to case, but what kind of wait can a grievant expect in these circumstances? Months? Years?
 
This is after the original agency decision was reversed on appeal.
Dan Diego  
#31 Posted : Thursday, May 13, 2010 11:32:45 PM(UTC)
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OK, BigPappa, that's what I suspected.
 
However, using your example, by the time my case was ready, I'd be an alcoholic karate expert with a horticulture bent...
 
Thanks.
Sugar&Spice  
#32 Posted : Friday, May 14, 2010 8:42:18 PM(UTC)

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Hello everyone,
 
 I am new to the eeoc process and am just getting started. My situation is this: I have been expereriencing sexual harassement from a manager I work with. I have reported it several times and others have mentioned it to management and nothing happens. I decided to file a complaint with the eeoc and recieved the intake form, where it ask for witnesses to your claim. I have plenty of witnesses, but when I went to meet with a few of them yesterday, they told me that they were directed not to speak to me about the matter or they would lose their jobs. I am at a loss, should I just give up the complaint? What other method do I have to prove my case if the witnesses are to scared to talk?
 
frankgonzalez  
#33 Posted : Saturday, May 15, 2010 12:57:40 AM(UTC)
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Name the witnesses in your complaint and the EEO counselor will interview them.

You will be surprised how many times you are not the only person to have been subjected to the same behaviour by a supervisor, and they tell the counselor or investigator (depending on what stage it is at) because it may help the case and finally someone outside of their office is asking about it. 

You should have voted Cthulu...the greatest of all Evils
LostInTheMatrix  
#34 Posted : Saturday, May 15, 2010 1:36:26 AM(UTC)

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SUGAR AND SPICE,
 
When you filed your complaint, it was with your Agency's EEO representative.  I found out the hard way, that you are NOT dealing with the EEOC -- the Commission.
 
During the informal stage of your counseling, you have the option to remain anonymous; however, that limits the counselor's abiltiy to get very specific with your witnesses.
 
Also, do not be surprised if people that have always complained and outwardly commented on that offending person -- suddenly refuse to provide information, or develop a selective memory loss.Cry
 
The most important thing to focus on is that the offender is affecting your work environment!  You do not neccessarily have to be one of many victims of a long series of offenses (although, the Agency may be forced to act in that type of situation).
 
If you decide to go "formal" in your complaint, the Agency EEO Investigator with follow a more methodical investigative procedure.  Again, do not be surprise what some people will put in their written statements.  I was shocked at the snide remarks, and total conjecture that some people wrote were allowed to write in their statements.  Since the Agency would benefit if people give statements that demean your character, you may see opinions that are not relative to the matter at hand.
 
Not everyone will be a member of your fan club.
 
You have the right to do your job without harassment or a hostile environment.  Take some time to make notes of dates, situations, and/or how the actions of the offender interfered with your ability to do your job.
 
Read up on your rights.  It will be worth your time to become informed.  I have provided a link to Title 29, Part 1614 Federal Sector Equal Employment Opportunity: 
 
 
Good Luck.  I hope that you get some relief to the situation.
freeageless  
#35 Posted : Saturday, May 15, 2010 2:57:25 AM(UTC)
freeageless

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Very good post-especially the part below. You may be surprised how many people will lie when they are placed under oath, either before the investigator or in EEOC hearings.

Quote from LostinTheMatrix

"Also, do not be surprised if people that have always complained and outwardly commented on that offending person -- suddenly refuse to provide information, or develop a selective memory loss."
Linda Joy Adams  
#36 Posted : Thursday, May 20, 2010 4:35:53 AM(UTC)
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Missing files. get used to it. I was injured at SSA 1/10/89; every file in any agency has gone missing. Many EEOC investigators  will 'play games' with files. I'm not referring to the agency peer counselors who did a great job for me. But, the investigator hired from outside. Only one of many actually did her job right. So, get all your records together and keep a second set in a separate place and be prepared to constantly have to reconstruct files. As three US atty' have advised its a felony for a pending file to disappear and a second felony for the custodian of the file not to report the 'theft.' of a govt file. Request that the custodian of the file report the theft. Most won't. i currently have every 'open' file missing. Now that most everything is in the custody of govt contractors, they can't be investigated for crimes. Congress did this to us a few years ago in the false claims act. Federal workers have the least amount of civil rights than any one in the USA. We have no agency or place to turn to when our rights are violated. many times costing lives, livelihood and health. We are so vulnerable that we can have our id and Medicare claims stolen by the contractors and turned into multiple thefts. become an injured worker; then rampant obstruction takes place. Even the 1980's law that allowed permanent medcial to be awarded before a decision is made on work vs permanent disability has been turned 'upside down.' All the contractor ACS has to do is 'not input the claims' and no decision is ever made!! Under orders of OPM director who has contracts with all the contracts and is the 'god' of each federal employees life and livelihood is they choose to abuse their power. This was documented as being done by prior ones. the current one won't answer my letters-probably never given them. Gossip and rumor  will become facts. all you can do is keep filing your papers, document everything and find some kind of 'outlet' where you can get away from the horrendous nightmare. Because i was lie to about my injuries and wasn't told it was a progressive disease; I ended up going to seminary to change careers. I have additional letters after my name, now, but my health deteriorated and Dept of Ed waived my student loans because of my occupational asthma. I realize in hindsight, that the few hours a week with a faith community of co-students was the 'outlet' i needed to keep my going through the physical pain and harassment. If you have  a faith, rely on it. if not find another outlet that allows you to reach the most calm inner part of you.  I pray daily that we will elect a new congress (whatever party) that will address the rights of federal workers and in turn assure the rights of each of us in this country. When 'bad apples' get positions of power they need to be made accountable and if they don't 'repent'  and change they 'need to be told the govt is not the place for you to work.!' Linda Joy Adams
BIGPAPPA  
#37 Posted : Sunday, May 30, 2010 8:31:43 PM(UTC)

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Same here that is exactly what happened to me and my files
jbruce19  
#38 Posted : Tuesday, May 15, 2018 1:32:55 AM(UTC)
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LeroyToliver  
#39 Posted : Tuesday, May 22, 2018 12:45:35 PM(UTC)
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Just look at the USPS recent payout of over half a billion dollars in EEOC violations. The problem ususally recides in unions helping management bury EEO complaints or having them dismissed at an early level in exchange for whatever the union needs at the moment. EEO complaints should be public and should not be dismissable.
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