Ask The Lawyer

By Debra Roth

Q & A Session – EARS Review

Bookmark and Share

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

Why can my supervisor perform an EARS review with me when I have an EEO complaint against him for harassment and employment demotion without written approval and consent? Needless to say, the EARS review did not go well.

A:

I assume EARS is your agency’s performance evaluation system. If so, your supervisor must evaluate your performance without regard to the existence of your EEO complaint. You are protected from reprisal, but your EEO complaint does not give you additional special powers or protection.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Comments

  1. Cris Ford Says:
    April 2nd, 2012 at 4:20 pm

    You know I have read a lot of the advice from the experts. However, I am not convinced that the advice or answers are correct. There are Union Contracts and Federal Laws that are, it is seems being interpreted to favor managment. I wonder how much of this advice will hold up in a Civil Lawsuit.

Leave a Reply

PLEASE NOTE! Do not submit ANY questions via the Comments form. Instead, please send your questions directly to lawyer@federaltimes.com. Questions submitted via the Comments form will NOT be answered!