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I have been employed for 5 yrs in Oct. at the Veterans Affairs Medical Center in Dayton. The other person involved in this situation has only been there a little over a year. I have been doing Pulmonary Function testing for a few years there. My manager wanted the other person or myself to switch teams to the other team which is opposite to our schedule. I agreed to if I got a decent schedule so my immediate boss could have her little friend work with her. They are 22 and 30yrs old. I am 58 going on 59. I had a wonderful schedule before that I loved. I was supposed to go into a schedule that was already made up, we all have that. I have not had the same schedule since I started this. It is not the schedule I was supposed to have gotten. My schedule is used for any scheduling needs. I am the one mainly that this is done to. I have talked to the supervisor that does the scheduling about this to no avail. Please help me.
State/Country relating to Question: Ohio Already Tried: I have talked to the scheduler and asked if my schedule will get better when day shift gets this girl coming from nights she said yes, that she would change her schedule around instead of mine. The gal has the schedule she was supposed to get. I am still the one missed with. What can I do?
You need to contact an Equal Employment Opportunity ("EEO") Counselor at the Veterans Affairs within 45 days of this discriminatory action. You may choose to participate in either counseling, or in ADR if VA offers ADR. Ordinarily, counseling must be completed within 30 days and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, you may then file a complaint with the VA.
The VA must conduct an investigation of the complaint, unless the complaint is dismissed. If a complaint is one containing one or more issues that must be appealed to the Merit Systems Protection Board (MSPB), the complaint is a "mixed case." It is then processed under the Board's procedures. For all other EEO complaints, once the VA finishes its investigation you may request a hearing before an EEOC (Equal Employment Opportunity Commission) administrative judge or an immediate final decision from the agency.
In cases where a hearing is requested, the administrative judge issues a decision within 180 days and sends the decision to both parties. Where discrimination is found, the administrative judge orders appropriate relief. If the agency does not issue a final order within 40 days after receiving the administrative judge's decision, the decision becomes the final action of the agency. If the agency issues an order notifying the complainant that the agency will not fully implement the decision of the administrative judge, the agency also must file an appeal at the same time.
FILING AN APPEAL WITH EEOC
You may appeal to EEOC an agency's final action within 30 days of receipt. The agency may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative judge's decision.
If the complaint is a "mixed case," the complainant may appeal the final agency decision to the MSPB or ask the Board for a hearing. Once the Board issues its decision on the complaint, the complainant may petition EEOC for review of the Board decision concerning the claim(s) of discrimination.
Attorney-at-Law
Licensed in Massachusetts and New York