Mar. 10th, 2015

vicarz: (Wild Buttercup)
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.


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