Ask The Lawyer

By Debra Roth

Q & A Session – No Fear Act

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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:

I reported misconduct of two federal employees under the No Fear Act and EEOC. An investigation was conducted, which ultimately substantiated my allegations. As my reporting was done under the No Fear Act against my supervisor for misconduct in violation of Title VII, no action was ever taken to discipline the employees by the leadership. I was sent on detail out of my facility based on false allegations to the leadership by my supervisor in retaliation for my reporting of misconduct by the supervisor. I was considered a troublemaker and spent 23 months on detail at another facility. I was then returned to my facility to be again under the supervisor of the same supervisor at the same location.

Is it ethical by leadership to disregard the No Fear Act and place the employee who did the misconduct reporting back under the same supervisor? It appears that, due to a lack of implementation, the No Fear Act is a selective paper tiger.

A:

You correctly describe the implementation of the No Fear Act as a paper tiger. There are numerous examples of supervisors who have been found to have discriminated against and subordinates who continue in their jobs with no apparent penalty.

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

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Comments

  1. bill Says:
    May 31st, 2013 at 1:34 pm

    In the fire department , we have shift change at 0700. If an employee continues to show up late 2-5 minutes, If he claims he had insomia for 10 years now, Is the supervisor able to empose a discipline action? The employee has worked here 10 plus years, No documentation from a doctor has been submitted by the empoloyee.