Promotion Discrimination Against a Federal Employee

[gruntled]

My question involves labor and employment law for the state of: CA, Federal

Hi. I think that I may about to be a victim of employment discrimination.

Personal background: I am a long-time Federal employee, white male, GS-13 pay grade, 46 yo, with two Master's degrees (MBA & systems engineering). I'm also rated as 50% disabled by the VA with combat service. My record is excellent with many awards & no disciplinary issues whatsoever.

Situation: In June, a vacancy came open for a supervisory position in my small section (2 current supervisors & 10 employees; this would be a 3rd supervisory position.) Finally, just last week, I learned that I was referred for the opening. In the meantime, another person in my office (also a white male, same age, no grad degree, not a vet) has become quite close to the two supervisors & is functioning in some ways as their deputy. He has made no secret of his ambitions, and that's fine. What I find disturbing is that two weeks ago, this guy brought his wife into work with him the entire day. He & she spent the entire day with one of the supervisors (a female), and later that night they not only accompanied her to a formal social event sponsored by my organization but also spent the night at her house!

Since then, the work relationship between this guy & the supervisor has gotten even closer, and he sometimes gives orders on her behalf. He even posted pictures of himself, his wife, and the supervisor at that event on our organization's Intranet. Supposedly, a selection board will be convened in the near future, but I've heard nothing about it; in fact, I have not been informed by them that anyone has been referred (found out myself via the agency's employment website).

Needless to say, I don't feel as if my odds are good for this promotion. I would very much like to know what, if any, my legal options would be if he gets the job as I anticipate. I am not sure if my veteran's preference would be a factor, but at the very least it seems that the relationship I described seems inappropriate in this situation; I don't think that my qualifications & performance will be objectively weighed in light of all this. Any advice anyone can provide would be most appreciated!

[Mr. Knowitall]

It's not employment discrimination for your supervisor to like another employee, even a new employee more than you; nor to socialize with the employee's wife. Also, it's not of itself proof of any form of employment discrimination that will be recognized by a court that one employee is promoted and another is not - that's the inevitable consequence when more than one employee wants a single opportunity for promotion. (That's not to say that there might not be other factors at play.)

If you have any facts that would point to any form of unlawful discrimination, it would be helpful to hear what they are. But make sure you don't post details that will make it obvious who you are - if you cannot protect your anonymity while sharing the details we need to assess whether you might have a valid discrimination claim, I suggest seeking a free consultation with a plaintiff-side employment lawyer.

[gruntled]

Thanks for the response, Mr. Knowitall.

Right now the situation is still evolving; the position has still not been filled, and a selection probably won't happen for at least another month.

My concerns are based on the tenets of the Federal Merit Promotion System, which attempts to mitigate non-merit factors for selections. Additionally, I do have the highest possible level of veteran's preference, which (if I understand the rules correctly) would seem to almost mandate that they select me unless there's another applicant with equal preference & better qualifications. However, I've always heard that there are many loopholes in these regulations, and I'm frankly expecting one or more of those to be utilized.

Guess I just want to know how this is probably gonna go down so I won't be too surprised & upset. I really don't particularly even want this promotion, but I want to work for him even less! Thanks.

[gruntled]

More information if anyone's interested: Today, another person in my office who is relatively new to civil service approached me & asked about complaint procedures concerning the supervisor's relationship with the "heir apparent"! (For the record, I have not complained about the situation to any of my coworkers.) To my surprise, it seems that most of my coworkers are even more infuriated then I am, even those not competing for the promotion, and the majority are considering leaving the department if this man gets this job via these means. I actually had to talk this guy down, since he was considering indiscreet acts that could easily result in retribution.

This is, apparently, a very flagrant case of bias and not an artifact of my own negative perceptions. There is an Air Force regulation that seems to prohibit the conduct as described (AFI 36-703), but I am not inclined to file a complaint until the selection board convenes. Can anyone offer other opinions or helpful information? Thanks!