De-weaponize the EEOC Process

I have a client who filed a claim of discrimination and retaliation under Title VII and U.S. Equal Employment Opportunity Commission (EEOC) regulations. The client’s security clearance application contained certain information which an agency attorney retrieved and gave to the attorneys defending a claim of discrimination. The attorney did not give the information to personnel security officials. The client and the client’s attorney were not told about the security application information nor that the agency had retrieved it for a defense. The client was removed from federal service based on this information, and responses about it during discovery. We alleged retaliation and that information divulged during EEOC processes cannot be used this way. A Merit Systems Protection Board (MSPB) Administrative Judge upheld removal. The MSPB Board of two members (at the time) split. The EEOC Office of Federal Operations (OFO) reversed and remanded.

I omit details because the case is on remand. The message remains de-weaponize the EEOC process. I add do not weaponize the security clearance process, either. These processes serve important federal interests and should not be subjugated to personal motivations of managers.