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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I was demoted in my job with TSA while on suspension matter.

Customer Question

I was demoted in my job with TSA while on suspension for another matter. The matters were not related, and I am a top performer. Out of the three people who were marked for demotion, I was the only one singled out. Matter of fact, one of the other employees had had discipline issued within the past, and I have none. Further I have more experience, training, and have been identified as the go to employee on numerous occasions. I have documentation to substantiate these allegations. Do I have a an EEO case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

If you can prove that the demotion was related to discrimination such as your age, religion, race, gender, a disability or your national origin, then yes. I suggest you would want to consider the EEOC complaint.

The EEOC is only going to deal with discrimination matters.

Customer: replied 1 year ago.
I have received higher marks, no discipline, and in fact was in an acting supervisor position when I was demoted. I can only surmise that I was a target of opportunity since I was in a suspended status at the time of my demotion. Also, my office has refused to let me have access to materials that I would use to bolster and support my case as to why I am a more qualified and competent inspector thatn my co workers. As I said, I have not been allowed to defend my self and additionally I have receidved e mail from my supervisor telling me I had to sign the downgrade papers, or I would be moved out of the Denver area. I feel that these papers, and my supervisors actions have been designed to discriminated against me with the express purpose of making me resign.
Expert:  Samuel II replied 1 year ago.

Thank you.

And so if they have not followed policy on how demotions are handled such as allowing a grievance to be filed and heard, then I suggest you are correct and there would be discrimination because the policy must equally be applied to all employees. And yes, you should consider the EEOC

As a federal employee, the first step is to contact an EEO Counselor at the agency where you work or where you applied for a job. Generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred.

In most cases the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution, such as a mediation program.

If you do not settle the dispute during counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency's EEO Office. You must file within 15 days from the day you receive notice from your EEO Counselor about how to file.