Equal Employment Opportunity Commission (EEOC)
HOW TO DRAFT A POSTAL/FEDERAL EEO COMPLAINT – PART 2
Here are some other important things to keep in mind when preparing your EEO Complaint and when helping others: What Should I Include in My Statement of Fact? For a claim of Discrimination, the Complainant must spell out: 1. How they are a member of a “protected” class, (based on race, creed, color, religion, [...]
HOW TO DRAFT A POSTAL/FEDERAL EEO COMPLAINT – PART 1
Here are some important things to keep in mind when preparing your EEO Complaint and when helping others: 1. Identify the Discriminating Official with Certainty. That is the person who you believe discriminated against you. Try your best to identify the one central person who is discriminating against the Complainant. It is very hard to [...]
SAME-SEX DISCRIMINATION AND SAME-SEX SEXUAL HARASSMENT
There have been recent instances of same-sex discrimination cases, while such a theory has traditionally met with difficulty. While the EEOC holds that Title VII of the Civil Rights Act does protect against same-sex discrimination, the courts have been reluctant to rule on the matter. An example of same-sex harassment occurred in the case of [...]
THE “NO FEAR” ACT
A new law referred to as the Notification and Federal Employee Anti-discrimination and Rehabilitation Act of 2002 (NO FEAR Act), Public law 107-174, that will have significant impact on federal agencies (including USPS) and their Equal Employment Opportunity (EEO) programs. John Zodrow provides this synopsis for your information. He has been involved in hundreds of [...]
TITLE VII’S PREGNANCY-RELATED PROTECTIONS
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. This is a summary of some of the pregnancy-related protections arising thereunder but it, like all other material on this website, is not necessarily exhaustive or current. Discrimination on the basis of pregnancy, childbirth, or related medical conditions [...]
“EQUAL OPPORTUNITY HARASSER” DEFENSE
Some employer’s have defended claims of discrimination and hostile work environment (especially where the level of misconduct was particularly offensive on a personal level) by saying that the offender confers the same level of malicious conduct upon all of his/her employees, without regard to their protected category. Accordingly, the offender does not have discriminatory animus [...]
SEX, SEXUAILITY AND GENDER DISCRIMINATION
For some time, John Zodrow has fielded questions about whether “sex discrimination” is limited to cases involving a person’s sex/gender (e.g., female) or a person sexuality (sexual conduct/intimacy and susceptibility thereto). In response, he has posted these general remarks about some opinions of courts who have addressed these questions. This discussion is not complete and [...]
“SAME ACTOR” INFERENCE/DEFENSE IN EMPLOYMENT DISCRIMINATION
The “same actor inference” is a defense which asserts that an employer with tendencies to engage in discriminatory practices will not hire a person in a protected class. If the employer is accused of discriminating against an employee is the same person who hired the employee, an inference can be made that discrimination was not [...]
PREGNANCY DISCRIMINATION AND MATERNITY LEAVE
Title VII of the Civil Rights Act of 1964 made it a prohibited activity for an employer to discriminate on the basis of a person’s race, creed/religion, national origin or sex. In 1978, the Act was amended to include the Pregnancy Discrimination Act. The Pregnancy Discrimination Act was signed into law by President Jimmy Carter [...]
OPTIONS FOR POSTAL EMPLOYEES DISPLACED UNDER THE NATIONAL REASSESSMENT PROGRAM (NRP)
This discussion of options for Post Office worked displaced, terminated, sent home with work due to light/limited duty, or otherwise affected by the National Reassessment Process was authored by John J. Zodrow of Denver, who is a former labor/employment lawyer, current employment hearing representative, and a nationally recognized expert in public sector labor relations A former [...]