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Make it easy to know status of promotion process

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in Discrimination and Harassment,Human Resources

Federal employees have a much shorter time frame than other employees in which to complain about discrimination. In fact, they must go to their equal employment opportunity (EEO) officer within just 45 days of the alleged discrimination. But that time limit doesn’t apply if the employee has no way of knowing she was the victim of discrimination.

Recent case: Chika worked as a nurse for the Department of Veterans Affairs. She applied for numerous promotions but was not selected. She eventually filed an EEO complaint, but did so more than 45 days after the last promotion decision was made. She sued, alleging discrimination.

The VA argued she missed the deadline. But the court said she could conduct discovery and present evidence that she didn’t find out she didn’t get the job until more than 45 days had passed. (Ugbaja v. McDonald, No. 14-3410, ND CA, 2015)

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