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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117401
Experience:  20+ Years of Employment Law Experience
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I work for a federal agency in the legislative branch. I was

Customer Question

i work for a federal agency in the legislative branch. I was told that i would be reassigned from a job that I was well qualified for and replaced with a white unqualified person. i am african american. I requested counseling in the EEOC process. Afterwards, I was reassigned. Defendant is alleging that my complaint was premature, since I had not been reassigned at the time of my filing. I am alleging discrimination due to race and retaliation due to the actual transfer. Are there any points and authorities, preferably at the U.S. supreme Court level, to address these issues
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
This employment situation is govern by the Congressional Accountability Act (CAA). Since it is a legislative branch agency, the Congressional Office of Compliance, rather than the EEOC, is where the complaint was filed.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The US Supreme Court holds that with regard to discrimination complaints, "A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred. " § 2000e—5(e)(1). See: National Railroad Passenger Corporation v. Morgan, 536 US 101 (2002). So the bot***** *****ne on an EEOC charge does not begin to accrue until the action actually occurs. In the same case, the court stated, " discrete retaliatory or discriminatory act "occurred" on the day that it "happened." So the bot***** *****ne is you have to prove that the transfer was completed when you were told you would be moved, even though the move has not yet occurred to be in line with the US Supreme Court's assessment of when a discriminatory act occurs.
Customer: replied 11 months ago.
Does the threat of reassignment qualify as actionable even though the reassignment had not occurred. Is there case law regarding the issue of threats of reassignment? In this case, an IAD complaint was filed relative to the threats of discrimination prior to the reassignment. Does the actual reassignment qualify as retaliation?
Customer: replied 11 months ago.
You failed to answer the most important question which is: is the threat of reassignment a discriminatory act?

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