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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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My basis of disability is deafness. My issue regarding to

Customer Question

Hi. My name is Tahir. My basis of disability is deafness. My issue regarding to the possible PIP is that I never had an opportunity to do so despite my ratings for the first two years with an internship (Department of Navy-Naval Acquisition Career Command) was acceptable. I have received several verbal statements from supervisor that I should go for another job because he felt that I don't have the skills but was not given to take anything (i.e. training, workshop, job rotation, mentoring, guidance, clear communication from supervisor to employee) during my internship for two years despite lack of accommodations at the remote location. I already have filed formal complaint and already submitted to EEOC for hearing. TBA for hearing has not been announced yet. Last January 11th I have received the low rating for the first time during my 15th year of federal service. I never got below successful rating for over 15 years but I already have filed the rating reconsideration to dispute about the low rating. Already have submitted it to the pay pool management. I already have been subjected to the greater humiliation and distress due to my time consuming and spending time on EEO issues previosuly and other issues. Is it reprisal and lack of reasonable accommodation ? The 45 day deadline to initiate EEO counseling will be around February 25th. I haven't receive the result about the rating consideration because I am home due to my father's hospitalization. If I have received the result which has turned out to change the rating, then I won't pursue EEO. do you know what i mean ?
JA: Thanks. Can you give me any more details about your issue?
Customer: I have been working for the federal service over 15 years.
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Submitted: 9 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 9 months ago.

Is it reprisal and lack of reasonable accommodation ?

Response 1: It could be, but I cannot make that decision based on the information that you have provided here. More detailed information would need to be gathered and reviewed before arriving at the conclusion and I cannot do it within the context of this forum.

The 45 day deadline to initiate EEO counseling will be around February 25th. I haven't receive the result about the rating consideration because I am home due to my father's hospitalization. If I have received the result which has turned out to change the rating, then I won't pursue EEO. do you know what i mean ?

Response 2: Yes. You would not pursue EEOC complaint if your issue has been satisfactorily addressed.