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  1. #1
    Join Date
    Jun 2008
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    7

    Default Discrimination By Federal Hiring Official Due To Veteran Status

    My question involves labor and employment law for the Federal government, for a facility located in Colorado:

    Has anyone "jumped through the hoops" of a Federal employment discrimination case?

    I'm all but indigent, and can't afford an attorney (min. $10K retainer, or an initial consult--with no promises--for $300./hr)... so I've been trying to pursue the remedies available, all with nothing more than double-talk and stonewalling.

    I have what seems to be a very "open and shut" case with a substantial amount of evidence, but can't seem to make any headway. I've contacted the Dept. of Labor, as well as the Office of Special Counsel, the EEO unit of the offending Agency... even my Congressional Representative, who seems to be taking a "wait and see" attitude about my situation.

    Any suggestions/insight/enlightenment would be greatly and genuinely appreciated!

    Kind regards,
    Jeff

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    Have you tried contacting the EEOC?

  3. #3
    Join Date
    Dec 2005
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    200

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    EEOC doesn't handle discrimination based on veteran status and doesn't process complaints of alleged EEO discrimination by federal agencies. Those EEO complaints must be filed with the federal agency.

    Complaints alleging discrimination based on veterans status must be filed with the US DOL.

  4. #4
    Join Date
    Jun 2008
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    7

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    Yes, I did (EEO referenced in my previous post).

    I originally contacted the Dept. of Labor, who referred me to the EEO office of the offending Agency.

    I then filed a complaint, which they never took any action on... failing to contact me for any form of investigation, or advise me of my right to file a formal complaint after the initial complaint was filed.

    I'm now on Round 5:

    1) Contacted Dept of Labor (referred to #2)
    2) Contacted EEO office of offending Agency (took no action)
    3) Contacted Office of Special Counsel (cursory "investigation" did not
    consider my overwhelming and irrefutable evidence)
    4) Contacted Congressional Representative ("wait and see")
    5) Contated Merit Board System Protection (just filed my initial paperwork)

    It's now approaching 1 year since I began this paper chase. Absoutely NO accountability... I have yet to find any real help. I just seem to be involved in a never-ending "shell game".

  5. #5
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    Thanks for your response... it is greatly appreciated.

    Actually, when I first spoke with the Dept. of Labor (Aug '07) concerning my veteran's discrimination complaint, they referred me to the EEOC office of the offending agency. (Sorry... this is what I meant by "EEO" in my messages).
    > Supported by phone bills and logs

    I then initiated my complaint with the offending Federal agency's EEOC office, who sent me my initial complaint form (via Certified Mail in Sept '07) and told me that I would be contacted by an investigator soon. The investgator never actually communicated with me... leaving three voice mails over a 4 month period (each of which I quickly returned, only to get her voice mail).
    > I later discovered that the Agency said the investigator was unable to conduct her investigation, and that they had sent the formal complaint documents to me (Nov '07), but they never heard back from me so they closed the complaint. I never received anything from the Agency after that initial Certified letter (Sep '07)... it would seem reasonable that, given the gravity of the formal complaiint, that the Agency would send that via Certified mail, as well.
    > Emails, phone logs, bills and recordings of voice mails left and received clearly show no effort by the investigator... and messages left by Investigator (Jan '08) suggest that the compliant had not been closed.

    In latter Nov '07, after feeling very frustrated with the inaction by the offending Agency's EEOc "investigation", I contacted to Office of Special Counsel, who referred me back to the Dept. of Labor to pursue the Veteran discrimination complaint.
    > The DOL said that, now since 60 days has passed, they could not take action. I informed them that I had initially contacted them within the 60 days, but was referred elsewere. They refused to reconsider my complaint.

    These are only some of the details... see what I mean by "shell game"?

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    Do you have a copy of the complaint that you filed with the EEO office of the federal agency? What did you allege as discrimination? Did you state that you felt that the discrimination was because of your veteran's status?

  7. #7
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    Actually, I wasn't sure how to pursue this when I first contacted the EEOC, so I shared what was "what" the reason for the discrimination.

    My complaint cites, "sex, age and disability" (white +40 male Disabled Veteran), as the Hiring Official has (on at least two previous occasions, and once more since mine) been charged with similar discrimination by white males over 40... paring her staff down to only one white male, one younger black male, and 24 females.

    One of the previous complaints was settled out of court, and the Hiring Official received no censure.

    While I was seeking evidence to suport my case, I was contacted by a government employee who worked directly under the Hiring Official and was outraged at how I was treated. This same employee provided me with an email from their office between two employees which specifically stated that the Hiring Official was attempting to manipulate the hiring process to avoid hiring the Veteran, so that (the Hiring Official) could hire a (female) applicant, who was a friend of a friend of the Hiring Official... and substantially less qualified than I. (FYI: I was the number 1 applicant during the first two hiring announcements and, although I don't know where I ranked during the third announcement, placed high enough to warrant an interview. They have failed to respond to my FOIA request for that info, which they acknowledged receiving last July!)

    I hope this makes some sense... I'm really not trying to ramble. I've just got SO much information, and it reads like a bad piece of fiction!)

    Thanks again!

  8. #8
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    I wanted to know if you alleged in your EEO complaint that you were denied employment because of your veteran status. If you had and you had filed your EEO complaint with the agency within DOL's 60 day filing requirement, you might have been able to successfully argue to DOL that you filed timely, but just with the wrong agency. But, I don't think that will work given your alleged discrimination.

    You can try appealing to EEOC's Office of Federal Operations (OFO), the agency's decision to terminate the processing of your EEO complaint. However, OFO may conclude that you didn't show due diligence. As best I can determine from your post, you didn't contact the EEO office to determine the status of your complaint.

    Just for your information, if a veteran meets the minimum qualifications for the job, his/her name goes to the top of the list because of his/her veterans status. It does not mean that the veteran is the best qualified candidate.

  9. #9
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Discrimination By Federal Hiring Official Due To Veteran Status

    I genuinely appreciate your feedback... I wasn't aware of the EEOC's Office of Federal Operations (OFO), so I will look in to that.

    Just for clarification:

    I have records that show that I contacted the DOL, as well as filed my complaint, within 45 days from the time I discovered the discrimination had occurred;

    I have records (phone call statements, logs and recorded conversations) to show that I consistently contacted the EEOC office in an attempt to move frward with my complaint;

    Based upon my initial FOIA request, I was cited as the top candidate for the first two hiring announcements... my veteran's points simply pushed my score over 100 each time.

    Again, thanks for your help! ;-)

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