In National Association of Independent Labor (NAIL), Local 7 and U.S. Department of the Air Force, 4th Fighter Wing, Seymour Johnson Air Force Base, North Carolina, FMCS No. 16-51813 (August 11, 2016), the National Association of Independent Labor (NAIL), represented at arbitration by Bonney, Allenberg & O’Reilly, P.C., received an arbitration award that prevents the AirRead More
Uncategorized
Retaliatory Reassignments: Where an employee is involuntarily moved or reassigned because he or she engaged in protected EEO activity, the Agency’s action may be viewed as retaliation.
Many federal government employees who have engaged in the EEO process know all too well that EEO activity may be received negatively by their chain of command. Most federal government employees who engage in the EEO process are also aware that they have the right to file an EEO complaint based on retaliation in theRead More
A Suspension By Another Name Is Still A Suspension
Sometimes, federal agencies will place an employee out of work without pay against the will of the employee. This happens primarily in situations where the employee has been suspended from work for any host of reasons, usually involving some finding of misconduct by the employer. In the federal government, most civil service employees cannot beRead More
EEO Investigations, Part 2 of 2: Think About the End Before You Amend When it Comes to EEO Complaints
Any time a federal government worker is thinking about filing an EEO complaint, some of the most significant considerations involve the potential relief or remedy you could receive if you are successful in your EEO complaint. Two of the most important questions to ask yourself are: (1) What do I want to happen as aRead More
EEO Investigations, Part 1 of 2: Keep the Agency Accountable for 180-day Investigations in EEO Cases
In EEO cases filed against federal government agencies, the EEOC allows for a 180-day investigation period starting from the date the complainant files his or her formal complaint of discrimination. Specifically, the 180-day timeframe is set out in the EEOC’s Management Directive 110 (MD-110), which sets out policies, procedures, and guidance for federal sector discriminationRead More
The Americans with Disabilities Act Turns 25
July 26, 2015 marked 25 years since the Americans with Disabilities Act (ADA) was signed into law. The protections of the ADA apply to federal employees through the Rehabilitation Act of 1973, which was the model for the ADA. The law prohibits employers from discriminating against qualified job applicants and employees based on their physicalRead More