Tag: EEO

EEOC Discontinued Use of PCI Form

As stated earlier, the PCI form appeared a significant departure from previous discovery and acknowledgement order processes, authorized via an EEOC Acknowledgement Order, that seemingly intended to significantly limit discovery.  However, it appears the EEOC discontinued use of the PCI form as of January 10, 2024, as indicated by the screen shot below of an acknowledgment order recently received by a client dated February 7, 2024.   

EEOC or MSPB Motion for Stay

An EEOC or MSPB Motion for Stay is made by one party (sometimes both parties in a joint motion) in an EEOC (Equal Employment Opportunity Commission) or MSPB (Merit Systems Protection Board) case to temporarily halt the proceedings of the…

EEOC Scheduling Order

An EEOC scheduling order is a formal document issued by an EEOC Administrative Judge that sets out the timeline and deadlines for various stages of the EEOC hearing process. This Order is typically issued just prior to the start of…

Damages in Federal Sector EEO Cases

Damages in Federal Sector EEO cases are specific.  Compensatory damages are awarded to compensate an individual for actual losses suffered as a result of discrimination in the workplace. These damages are intended to make the individual whole by reimbursing them…

The Initial Case Assessment

We often receive inquiries from prospective clients who are involved in some type of administrative personnel litigation and are confused.  This confusion typically relates to the unfamiliarity and complexity of certain actions such as a proposed removal or disciplinary action,…

Performance Awards

End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”.  It should be noted that these…

Protected Health Information (PHI or Medical Information)

The safeguarding and regulatory compliant handling of Protected Health Information (PHI), also referred to more broadly as medical information, in our opinion, presents one of  the most significant risks for federal agencies and managers (particularly with an aging workforce and increased frequency…

Federal Agency Discovery Requests

Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.

Consultant or Attorney? It’s your choice.

The decision to engage the services of a consultant or attorney, or even relying on a union representative, arises often with serious federal workplace issues and personnel actions. When facing an adverse personnel action (such as removal, demotion, etc.), or…

Proving Delivery

In Morgan v. Department of Veterans Affairs, 108 LRP 7740  , EEOC No. 0120080380 (EEOC OFO 2008), a tracking slip showing a notice of right to file was left at a complainant’s doorstep.  However, it was not conclusive evidence the complainant actually received the notice on that day. 

MSPB Right to Counsel Not Absolute

Recently, a Federal employee argued the Merit Systems Protection Board (MSPB) “abused its discretion” by failing to appoint (and pay for) an attorney to represent her.

MSPB Judge’s Handbook as a Resource

Reviewing the MSPB Judge’s handbook, whether you are a union representative representing an employee in an adverse action under appeal at the Merit Systems Protection Board, or you are an employee representing yourself, can prove a valuable resource and an…

EEO Process Chart for Federal Employees

One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process.  Yes, without question, the process can be confusing to the uninitiated. This is why there are numerous published EEO complaint process charts. 

Probationary Employee? Maybe Not.

Consultants from InformedFed experienced an increase in the number of cases in which a federal employee receives notice of  probationary period termination, but is in fact not an employee on probation. 

Constructive Suspension in Federal Suspension

An employee’s voluntary absence from duty is never appealable.  In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….

Mixed Case or Mixed Appeal EEO Complaint

The world of federal employee labor relations, like other similar fields of practice, is incredibly nuanced.  Many times, we are asked the difference in such nuances and mixed cases and appeal definitions are constant questions.

When to Contact a Consultant

When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” What about for an EEO Complaint?

When to Settle an EEO Complaint

An EEO Complaint may be settled at any time during the entire process from Informal Counseling (precomplaint stage) to EEOC Hearing.  Many Complaints are settled between the formal complaint and the Final Agency Decision (Hadley).