vicarz: (Wild Buttercup)
[personal profile] vicarz
My first case hearing was in 2006. It was a “mixed case” MSPB appeal of a removal.

Fed employees have a right to a MSPB appeal, or an EEO hearing (or grievance), but not more than 1 of the choices.

The nameless employee had been disciplined twice before; twice he appealed his cases to the EEO process and filed every conceivable appeal (and probably will until the Supreme Court - he’s tireless). The employee filed a EEO case first, then filed a MSPB hearing request which he pursued through discovery, hearing, and decision. The record noted he had filed an EEO case but was being heard over discrimination issues by the MSPB. The Judge quickly affirmed his removal after his hearing. This was in 2006.

The employee then filed a new appeal to the MSPB on the same case, arguing that it should be heard all over again on the basis of a new basis (he had said retaliation for eeo activity, then changed it to race, national origin, religion, color, etc.). The case was thrown out under “res judicata,” that is - not only had the entire thing already been decided, but the Judge gave him a chance to raise those bases in hearing and he had declined to do so. Courts do NOT have multiple hearings over the same fact pattern. This was in 2009.

He got a “Final Agency Decision” on his abandoned EEO claim, which noted it was dismissed if the MSPB had issued a decision. This may be the basis of his 2nd MSPB “hearing request,” but it isn’t clear and he may have hidden that fact.

In 2014, the Dept. of Justice was in court fighting his continued EEO claims...he has appealed at every possible stop and 5 years later they’re still going on. The DoJ did a search of any related litigation to consolidate for the purpose of settlement or litigation. In so doing, they discovered the MSPB 2nd case...and so did the employee, who then appealed the 2009 case in 2014 claiming he never got a copy of the decision and therefore the 30-day period to appeal should be waived. I responded for the Agency, asking to dismiss the untimely appeal, and the full MSPB dismissed the appeal as grossly untimely. The employee appealed that decision as well. Now all those appeals are pending in court(s).

I suppose the details don’t matter, but per my “this process is fucked” diatribe days ago, a case I did in 2006 (as a trainee, someone else’s name appears) is still languishing in the system almost a decade later. My work is in a field where biased investigator-judges deal with a racist and/or psychotic clientele who lacks any shame or morals as they pursue lies (or on a good day delusions) for personal gain in a well-intentioned system that results in wasting millions of dollars a year - including my salary - with negligible positive results and well documented abuses and negative results.

As noted previously, EEO filers not only lack justification for their claims, but file repeatedly and “loudly,” so people who either are or suspect they are victims of discrimination, fail to file complaints for fear of being associated with the opportunists they find as disgusting as I do. Most current eeo cases are not about discrimination, but "retaliation for filing eeo complaints." As noted, one of the places most subject to EEO complaints is...the fucking EEOC. The fucking EEOC.

Sadly if you peruse the management ranks where I work, you’ll find an over-representation of eeo filers at very high levels; this goes a long way in explaining unaddressed incompetence. Some of the most mind-numbingly worthless employees I happen to know the eeo histories of, while others just wonder what travesty of justice let them have a position they don’t deserve and can’t do...I bite my tongue knowing the answer.

It's confidential; they say to protect the process and avoid retaliation, while filers frequently tell everyone within earshot of their activity and broadcast it to all managers so they can't deny they knew of the activity. They can lie about winning, but management can't correct them. The EEOC recently stopped putting filers names in their "court" decisions, and is the only place where the Judges fail to identify themselves in writing. The Minneapolis Judge who always decides against the Agency based on "credibility?" You can't find her in writing, nor can you do any analysis of what the Judges do, because they are anonymous as well. Anonymous judges. Really.

A former high-ranking official from civil rights is now working as a representative for eeo case filers and collecting legal fees for doing so - I don't know this is illegal, but I'm not convinced it is legal.

I’m preparing to file comments to the EEOC’s new proposed regulations, not that my voice will be heard. This shit may be my bread and butter, but I'm also a taxpayer and hate waste.

It's been over ten fucking years and technically I haven't even won my first case yet.

Date: 2015-03-10 12:08 pm (UTC)
From: [identity profile]
How about after the third [being generous here maybe] MSBP or EEO appeal the alleged aggrieved has to put up a, oh, $250 filing fee for each subsequent action, to be returned if decided in their favor and forfeit if they lose. Ima bet once the party is forced to put some actual skin in the game they'll be far less inclined to play. But perhaps that's my innate cynicism talking again.

Date: 2015-03-10 12:17 pm (UTC)
From: [identity profile]
I'm sure the EEOC would find that has a "chilling effect" on the process.

I think the justification of this administrative process is to "keep from bogging down the courts with litigation." The result is a process so employee-friendly that for 20 minutes to 2 hours someone can waste weeks of paid time, tens of thousands of dollars, all so the employee can harass the management chain of command.

The EEOC guards their process with great emphasis - no way they'd allow fees. However, you do generally have to pay filing fees in real courts after you leave the admin process (I don't know much about this for although we apply the same laws, I don't litigate in real court - just the parallel administrative process).

You're right but it wouldn't be legal to impede filing. The EEOC has ruled that no number of complaints can be considered an abuse of process (they do have a definition, but it almost requires filing over the same issues over and over again, slightly distinguished from what I describe above).

Date: 2015-03-10 04:09 pm (UTC)
From: [identity profile]
I have been tempted to file an EEO complaint, not for any personal gain but just because it is richly deserved (we have the ability to do so anonymously but they can only guarantee anonymity will last to the point where it impedes the investigation) and I have no confidence that it would stay that way. The person I refer to as "the gym teacher" has made crude remarks on racial and sexual lines in meetings, in front of higher levels of management, and nothing has been done. I have reason to believe filing a complaint would change anything; it would just bring fresh hell.

LOL on that note I have to my annual EEO and harassment policy review this month. What day better than today??
Edited Date: 2015-03-10 04:17 pm (UTC)

Date: 2015-03-10 04:20 pm (UTC)
From: [identity profile]
That's the type of EEO filing I would support 100%. Curiously I can attest that in the Federal gummint there are great protections for using the process.


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