Retaliation in your EEO Case? Here are the Rules and Case Law for your Summary Judgment Response.
Вставка
- Опубліковано 12 вер 2024
- This video explains the steps you must take to establish and respond to issues involving retaliation. The video provides the rules and exceptions. It provides the relevant cases you can use to support your argument. If you are pro se and are addressing discrete acts of discrimination, this video is for you.
This is general legal information and is not offered as specific legal advice for your situation.
Thanks for the video.
I have a case which I'm going to summarize it like a scenario below and my question is about timing which is about 2 years between the discrimination and retaliation:
An employee filed a discrimination complaint in 2020. His supervisor rated him before and after the complaint as outstanding and nominated him for awards. Then both supervisor and the employee left that office. The employee still works with the same agency (different office) but thr supervisor works for a different agency. The employee applied for a position with his previous office after two years of discrimination complaint. The hiring official did a reference check with the employee's former supervisor. He provided horrible feedback which caused the employee to not getting selected. The hiring documents which was obtained by his union, indicates the reason for nonselection was negative feedback. In accordance with an EEOC example ( shown in their website), this is retaliation specially since the employees performance appraisal was outstanding. The employee filed a retaliation complaint and it is under investigation. Is timing between the discrimination EEO complaint and retaliation ( two years) can cause any issues in this case?
I can’t give you personal advice. I can talk about this as a hypothetical situation. Hypothetically, an employee who has documentation showing an employer previously identified as a responsible management official caused material damages, has a stronger case than an individual relying exclusively on timing. The more evidence that is available the stronger the claim. Always remember, the deciding officials do not have an interest in helping a claimant, it is the claimant’s job to make it very difficult for the deciding official to ignore them.
Hello,
Is it normal to an AJ to ask the Agency's representative (opposing party) to file a MSJ during pre hearing conference. He said becuase I have over 100 exhibits and 10 witnesses, filing a MSJ by Agency's representative hopefully reduce them. The Agency’s representative previously had 30 days to file a MSJ and was granted another 30 days through a motion, but she did not file a MSJ. Isnt this consider acting in bad faith by wasting everyones time? Why AJ being so unfair and asking her to file a MSJ again? This tine he gave her 45 days. Also 45 days for response and 14 days to reply.
I was represented by a probono attorney and he didnt let me to object or argue about it. I guess it is because he can use that 45 days to write a response ( which I already have) and since he know the case will win, he is going to charge for the hours as I heard the MSJ and response is the time attorney makes alot of money. Im so mad because this will take 3.5 months. Why would the agency get a second chance to argue in "reply". From what I am seeing, is the AJ is also biased, and he is not fair and wants to get rid of the case at any cost. Doesnt he undermine the value of justice system by doing this? what options do I have. My probono attorney said if I file a motion to object, he will not be representing me any more. Please respond
Would you by any chance be licensed in IL? I would look at your website but I’m not seeing one :) I need a LION/LIONESS for my case against the local school district I taught at. I came over from Lisa’s video she posted today where she mentioned your channel. Also, I am so sorry to hear you have gone thru this and are battling the fight. ❤
Hello,
Would you please respond to this comment I appreciate you:
Does a complainant have to contact the witness and obtain his or her affidavit during the discovery if witnesses are nonsupervisory employees of the agency? Or we should ask the agency to obtain them?
In my Initial Conference, a couple cases that were dismissed by the agency, reinstated by the AJ. The investigation will be done through discovery. Should I have asked the AJ to return them to the agency for investigation? The problem is that my other cases of this complaint were investigated inadequately and the investigator did not really do anything except sending the same questions to all people involved in this complaint, and many of the responses are inadequate or missing or not relevant. What should I do when the AJ only authorized 20 of each three elements of discoveries. I sent an email to him and CC'd the agency’s representative and asked him to increase the number of discoveries but he responded and said I need to confer with the agency’s representative and then file a motion. The agency’s representative disagreed to increase them. Can I still file a motion to ask for increasing the number of discoveries?
Thanks,
You should be doing your investigation through the discovery process. Use the interrogatories, requests for documents and the depositions process to get answers.
If you have witnesses, lock them into a statement as soon as possible. Get their statements in email or in an affidavit if they are willing.
@@federalemployeeseeo Thank you. Happy new year.