Complainant filed an appeal with the Employment Opportunity Commission (EEOC) in response to the Agency’s Final Decision concerning his EEO complaint alleging employment discrimination in violation of the Civil Rights Act. On appeal, the EEOC’s Office of Federal Operations (OFO) looked at whether Complainant’s low reference check scores by the Agency were pretextual because the Agency changed the standard interview procedure to ensure Complainant did not get the promotion. The OFO found that the deviations from standard procedure without explanation and changes to the scoring rubric for the promotion process were pretextual in an attempt to keep Complainant from securing a promotion.

Bart M. v. Dep’t of the Interior, EEOC Appeal No. 0120160543 (Jan. 14, 2021)

Attorney Kirk J Angel has been representing federal employees for many years. If you are a federal employee who needs representation in an EEO investigation or in a hearing before the EEOC or MSPB, you should set your free 15 minute consultation with Attorney Angel today.