The Art of EEO Self Defense
Racism, sexism, etc., are mental diseases. A condition only found in humans. There is only one race…the human race. The difference is oppression and that is what The North Star Report (NSR) should be about…the fight against oppression in all forms. If we are to be a new light to guide people to people from oppression, we ourselves must not limit our scope and we must show we are beyond the disease.
– Randy Williams.
Randy’s EEO Best Practices
Before You File
Recognize that unlawful discrimination happens in the workplace.
Do not internalize what has happened to you, or see yourself as a victim, or allow self-blame. Understand the EEO administrative process is the Agency forum for addressing unlawful workplace discrimination and you are merely seeking legal redress for a harm perpetrated against you.
Do not internalize what has happened to you, or see yourself as a victim, or allow self-blame. Understand the EEO administrative process is the Agency forum for addressing unlawful workplace discrimination and you are merely seeking legal redress for a harm perpetrated against you.
The EEO process is about "make whole relief" for tangible loss such as lost monies (like salary, awards, promotions, etc.), leave usage (i.e.: being forced to take leave due to hostile working conditions), etc.
Don't depend on verbal dialog as the foundational evidence for your case. Document, document, document!
If you are told something you believe to be discriminatory, write it down (and coordinate) as a summary of the conversation including date/time. Evidence rules the EEO process, not personal feelings.
Remember you have 45 days to file, based on the actual event date or your awareness of the actual discrimination.
Never delay in EEO complaint filing from the moment of your reasonable suspicion of unlawful discrimination.
Remember, there is a huge difference between what is said versus proven.
Focus on the latter.
When You File
Trust no one in the EEO process. You have the burden of 'making and proving your case'. This is your fight.
Counselors, Investigators, etc. all work for the Federal Government, not for you.
Compile evidence (documentation, witnesses, etc.) and effectively communicate the proper reason (basis) and issue (what happened) as due to unlawful actions under Title VII, CRA, as amended (as opposed to lawful discrimination like incompetence).
Successful complaint keys are Case Development and case presentation.
Be careful about revealing your case facts before your case is formally investigated by DOCR.
Formal investigations have built-in protections for your witnesses (called reprisal), ensures testimony and evidence are taken under penalty of perjury, and your factual records are recorded in the first case record that is court admissible—the Record of Investigation (ROI).
Remember, during the Formal Investigation, you have the right to provide an initial statement, review management's response, then you have the right to Rebuttal of that management response.
Rebuttal is very important to show that management's response is merely masking unlawful discrimination. Don’t miss out or rush these important steps in your complaint investigation.
Recognize the EEO administrative process is long, tedious, and treacherous
Be vigilant on your submission timeframes (always in calendar days) but understand that the EEO process may not move as fast as advertised.