Ask The Lawyer

By Debra Roth

Q & A Session: Suspected Favoritism

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Q:

I believe that my boss favors another employee over me.  She is graded higher than I am while we do similar work.  She has received step increases which do not appear to be in keeping with normal timetables.  She receives generous time off awards, despite the fact that she does not work 40-hour weeks, and much of the time she actually spends in the office is spent on social media sites and talking with other employees.  When the favored employee became pregnant, she was permitted to telework from home.  Then, after giving birth, she was allowed time to express milk without ever having to take leave to do so or make the time up later.  She was also allowed to babysit her child in the office, although when I complained about that practice, it ended and was replaced with a telework agreement.

I feel like I am treated differently than this favored employee.  What should I do about it?

A:

Concerning your different grades, I would note that perhaps there are more differences in your work or qualifications than you believe.  The other employee might have more experience or education than you do.  If you are concerned about the grading difference, you could request a desk audit from the Office of Personnel Management (“OPM”), which could assign you a higher grade.  But exercise caution – OPM could also find that the work you are performing is beneath your grade, and actually reduce your grade.  Concerning your allegation that she has received inappropriate step increases, it would be very difficult, if it is even possible, for an employee to receive an illegal step increase.

Regarding telework, you management is free to provide telework agreements based on the Agency’s needs so it is in conformance with telework policies.  It is possible that if you requested a telework agreement, you would also be granted one.

The issues surrounding the expressing breast milk while on-duty appears to be a very minor issue, and one which could cause you to be viewed as insensitive or petty if you raised it with your employer, since it will not be a permanent condition and likely does not consume a large amount of office time.

This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.

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