EEOC question

[Anonymous]

I am a current Federal employee who wants to file an EEO complaint against my agency. I also want to resign ASAP. Will quitting keep me from being able to complete the EEO process?

[Anonymous]

No. And may be able to claim constructive discharge.

[Anonymous]

Thanks. Another question, what is the difference between talking to Personnel and going to the EEO office?

[Anonymous]

EEO office handles discrimination complaints. Personnel handles things like performance appraisals, management decisions, etc. If you feel you were discriminated go directly to the EEO office. They will assign an EEO counselor who can explain the process better.

[Anonymous]

BTW each agency has an EEO office, usually call Office of Civil Rights. You don't have to go to the EEOC, although you may go to them for an appeal later in the process.

[Anonymous]

Why would an HR office have a lawyer on staff?

[Anonymous]

And why would I be encouraged to talk to the lawyer?

[Anonymous]

Anonymous wrote:Why would an HR office have a lawyer on staff?

You would be surprised bow many HR directors have JD degrees.

[Anonymous]

I'm wondering if you should first talk to someone in EEO(C)? before resigning ASAP??

[Anonymous]

Why do you want to give up a federal job because someone else was a jerk? Keep your job and pursue the claim. Don't let them win

[Anonymous]

Anonymous wrote:Why do you want to give up a federal job because someone else was a jerk? Keep your job and pursue the claim. Don't let them win

+1. It might be very difficult for you to get back into the federal job system again once you leave--not necessarily because of your claim but because there is so much competition for fed jobs these days.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why do you want to give up a federal job because someone else was a jerk? Keep your job and pursue the claim. Don't let them win

+1. It might be very difficult for you to get back into the federal job system again once you leave--not necessarily because of your claim but because there is so much competition for fed jobs these days.

Wanted to add that it's easier to get a job when you already have one. Plus, if you quit without a new job you can go to, you'll have to explain why you left on your next round of job interviews.

[Anonymous]

Anonymous wrote:And why would I be encouraged to talk to the lawyer?

You may wish or may be urged to enter into a settlement agreement if you are quitting. This gives you certain rights and the agency certain rights. Negotiate carefully.

[Anonymous]

OP - do not quit if you are thinking that you will be ok financially because you will be able to prove discrimination and get back pay. Constructive discharge cases are almost impossible to win. If you are at an Executive Branch agency, your agency has an internal EEO office. That is the first stop in the process. They will want to mediate the problem or try some other non-complaint fix. What is important to realize is that this is the pre-step to filing a complaint against the agency. You do not get to file a complaint until after you have finished this step. Do not get confused. If you are not able to resolve the issue through the normal means, it is up to you to take the next step and file a complaint. The EEO officer will not do it automatically and the first thing you filed will not be converted into a complaint. Once you file a complaint the Agency investigates and you will receive a final decision on the issue from the Agency.

If you disagree with the decision, you can then go to the EEOC to appeal the decision or to Federal court. If you choose to go to the EEOC and then disagree with the EEOC's decision, you can then go to Federal Court. (In some circumstances you can go to court sooner -- they cell into play when the Agency or EEOC fail to issue decisions in a timely manner).

Please look a this page from the EEOC's website.

http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

Do not quit your job until you have spoken to an EEO counselor at your Agency.

[Anonymous]

Anonymous wrote:No. And may be able to claim constructive discharge.

Constructive discharge is really hard to prove. I would not bank on that. And unless you have real economic harm (eg missed promotions in the past) then the eeo claim is probably a waste of time in general.