Human Resources and Personnel
DENIED UNEMPLOYMENT INSURANCE BENEFITS?
If you are looking to increase your chances of winning your unemployment hearing or appeal by hiring a representative, our standard charge for representation at a single typical unemployment appeal hearing (regardless of scope or subject) is $675-$1275. Most hearings are done for the flat rate of $975, paid in advance, so long as the [...]
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 [...]
VETERANS’ PREFERENCE CLAIMS
The concept of Veterans’ Preference gives eligible veterans some level of advantage in appointment (hiring) over other applicants for federal employment. Veterans’ preference applies to new appointments (positions) both in the competitive and excepted service. In Federal civilian employment can be found in Title 5, United States Code, Section 2108 (5 U.S.C. § 2108). Not [...]
WEINGARTEN RIGHTS – EMPLOYEE’S RIGHT TO UNION REPRESENTATION
The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in the 1975 case of NLRB vs. Weingarten, Inc., 420 U.S. 251 (1975). These rights have become known as Weingarten Rights. Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions [...]
UNDERSTANDING THE MERIT SYSTEM PRINCIPLES
The Merit System Principles, by which the Merit Systems Protection Board, are nine basic standards governing the management of the executive branch workforce. The principles are part of the Civil Service Reform Act of 1978, and were codified (made law) at 5 U.S.C. § 2301(b). They also are available in the Reference section of this [...]
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 [...]