Federal employees should always request an EEOC hearing. This case is a reminder for sure.
VA employee filed an EEO claiming disability discrimination, harassment and retaliation. She did not request a hearing before the EEOC. The VA issued a FAD finding that the complainant had not proven her claims. She the appealed to the EEOC’s Office of Federal Operations affirmed the agency’s decision. The OFO found insufficient evidence to overturn the VA’s decision. In affirming, the OFO pointed out that claimant had not request an EEOC hearing. Requesting an EEOC hearing will almost always be the correct decision. It allows federal employees the opportunity to develop evidence to support their claims.
Ludie M. v. Robert Wilike, Secretary, Dep’t of Veterans Affairs, https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172546.pdf
Kirk J. Angel has over 23 years experience representing employees in employment law claims. For over a decade, he has represented a large number of federal employees in claims. He routinely represents clients in proceedings before the EEOC and MSPB. Set your free 15 minute consultation with him today. https://theangellawfirm.com/kirk-angel-employment-lawyer