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What is the federal law regarding federal employers being required to investigate Title VII complaints?

Business 2 views 2 answers
It was my understanding the following were required by federal law: (1) federal agencies required to assist with and investigate Title VII charges presented by current or former federal employees (2) Supreme Court states that a federal employee should have a "meaningful opportunity to invoke the discretion of the decision maker" before the personnel action is taken (3) The EEO office is supposed to be neutral. It is not supposed discourage an individual from exercising his right to file a discrimination complaint. The Agency Director advised that the agency and agency personnel would not assist in the Title VII investigation. The federal employee did not have due process before the Decision Maker as the Supreme Court stated must occur before any adverse personal action is taken. The EEO Office discouraged the employee from filing a written Title VII complaint. It seems that the federal law is being broken in this situation. How can this matter be resolved?

Attorney Answers

2
Kyle Ingram ·
A federal employer should never discourage an employee from filing an EEO complaint. The NO FEAR Act was passed a decade ago to ensure that federal employees do not face retaliation for their protests against EEO violations. Moreover, the agency has a duty to investigate EEO complaints properly before it. But for the federal employee, the real solution depends on the Agency's actions, e.g., termination, harassment, demotion. You, or the person you are asking on behalf of (it's not clear from your question), may need to file with the MSPB, OSC, or with another entity depending on various factors. It is critical to understand what your filing deadlines and the recourse that best fits the situation. You (or the person to whom you refer in your question) would be well served by contacting an attorney familiar with the rights that federal employees have and how to pursue those through the different processes that are available.
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