EEOProcessStink
New Member
I am in the process of hopefully settling (have an attorney) an age and sex discrimination suit against an agency that is 3 years old. The agency has admitted that there was age and sex discrimination.
The agency has stated they do not want two SESers deposed and want to settle without any discovery. They 'pulled' this same thing prior to the EEO hearing which resulted in too much of a delay and even though both sides wanted an extension, the ALJ would not grant it. On the day the two SESers were to be deposed, the agency refused to make them available even though it had been schedule for 3 weeks.
The agency has restated this same position through the Asst US attorney, including that I would have been selected except for the discrimination, but that they don't have much money to settle with.
So I guess what I'd like some input on is that they have admitted there was discrimination and that I would have been selected, but at the same time that they don't have much to settle with (So I guess that means it's ok to discriminate because it won't cost much since they don't have much, boy that's fair). I'd be willing to take a retroactive promotion to the paybanded position through the settlement date, then conversion back to the GS schedule at the appropriately higher salary, and attorney's fees/costs. The attorney's fees are obviously dollars as well as the back pay. I know there is a retirement annuity impact, but what neither my attorney or I know is if the annuity impact would be something they have to account for with respect to the available dollars to settle with, or something that they wouldn't have to fund through the settlement. They've offered an amount that would be equal only to the backpay and nothing else.
This whole thing has been such a nightmare with retaliation (proven and documented), and the whole process. They've already stated there will be a very tight non-disclosure as part of the agreement, but my attorney and I have already figured out a way around any NDA they could have which will be used to embarrass the heck out of them if they won't come up with a fair amount of money. If they do an acceptable settlement, getting on with life will be the goal, but if they jerk us around we're going to supplement the settlement through publicizing what they did because we have 16 examples of the same behavior including 6 by top level SESers that report to the political appointee.
I'd appreciate any input or help.
The agency has stated they do not want two SESers deposed and want to settle without any discovery. They 'pulled' this same thing prior to the EEO hearing which resulted in too much of a delay and even though both sides wanted an extension, the ALJ would not grant it. On the day the two SESers were to be deposed, the agency refused to make them available even though it had been schedule for 3 weeks.
The agency has restated this same position through the Asst US attorney, including that I would have been selected except for the discrimination, but that they don't have much money to settle with.
So I guess what I'd like some input on is that they have admitted there was discrimination and that I would have been selected, but at the same time that they don't have much to settle with (So I guess that means it's ok to discriminate because it won't cost much since they don't have much, boy that's fair). I'd be willing to take a retroactive promotion to the paybanded position through the settlement date, then conversion back to the GS schedule at the appropriately higher salary, and attorney's fees/costs. The attorney's fees are obviously dollars as well as the back pay. I know there is a retirement annuity impact, but what neither my attorney or I know is if the annuity impact would be something they have to account for with respect to the available dollars to settle with, or something that they wouldn't have to fund through the settlement. They've offered an amount that would be equal only to the backpay and nothing else.
This whole thing has been such a nightmare with retaliation (proven and documented), and the whole process. They've already stated there will be a very tight non-disclosure as part of the agreement, but my attorney and I have already figured out a way around any NDA they could have which will be used to embarrass the heck out of them if they won't come up with a fair amount of money. If they do an acceptable settlement, getting on with life will be the goal, but if they jerk us around we're going to supplement the settlement through publicizing what they did because we have 16 examples of the same behavior including 6 by top level SESers that report to the political appointee.
I'd appreciate any input or help.
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