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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33388
Experience:  Employment Law Expert
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I am a government civilian employee. I am the director of

Customer Question

I am a government civilian employee. I am the director of one department. My employee has issues with a employee in another department. I have talked to this employee them self and the employee's manager/director about my employees concer. My employee
now wants to file an EEO complaint and EEO is stating my employee will have to file the complaint against me. I have no hiring/discipline authority over the individual that is causing the issue. Please tell me how this complaint must be file against me and
not the other director or the employee that causing issues with directly?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

It doesn't. There is nothing in the law hat would require the filing of a complaint against you rather than the person that committed the act. I suspect whoever they are talking to at the EEOC just does not understand the facts.

People typically file a complaint against their supervisor when they have complained and their supervisor has refused to do anything about the issue, which is likely what the EEOC representative thinks happened. However, if you don't actually have the authority to do anything and have done everything you can then you would not be named in the charge filed other than as a witness.

Expert:  Dwayne B. replied 1 year ago.
If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread.
Customer: replied 1 year ago.
The EEO person knows that I have spoken to the other supervisor and the other employee directly. They suggested medications between the two employee and the two managers. It was done. The employee still does the offense. The EEO still contends that if an EEO compliant is filed that I will be the target of the complaint. My employee dosn't want that. So what is our recourse?
Expert:  Dwayne B. replied 1 year ago.

You don't really have any recourse. The employee's recourse is to file the charge of discrimination accurately and see what the EEOC does. They usually (90%+) don't do anything and the employee ends up having to file a lawsuit. The EEOC documents can then come into evidence which is why it is important that they are accurate because if the employee claims you are the issue now and then claims something else in the lawsuit it is a sure way to lose.

The employee may consider hiring an employment lawyer to assist in filing the EEOC charge.