Federal agency must develop and adopt EEO policies and procedures for promotions. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging employment discrimination on the basis of race when his supervisor promoted two white employees. At the conclusion of the initial investigation, Complainant requested a hearing in which the Administrative Judge (AJ) found that the Agency had subjected Complainant to discrimination as alleged. The Agency issued a final order accepting the AJ’s finding; however, it rejected a portion of the findings that held the Agency shall develop and adopt policies and procedures related to recruitment and selection of employees for non-competitive, temporary positions, including 120-day temporary promotions, to ensure equal opportunity for employees. The Agency appealed said finding.

On appeal, the EEOC’s Office of Federal Operations (OFO) found that there was no abuse of discretion on the AJ’s part and that the AJ’s Order simply requires the Agency to adopt policies and procedures to ensure that when managers exercise their discretion it is done in a non-discriminatory manner, and that these policies and procedures be shared with the employees.

Kristofer D. v. Dep’t of the Army, EEOC Appeal No. 0720170019 (Aug. 3, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt

Attorney Kirk J. Angel represents federal employees in EEO claims nationwide.