Legal Question in Discrimination Law in Washington
EEO witness rights
During an EEO complaint at my agency, I gave information as a witness to the complaint. I myself then implicated by other witnesses as having incited the complainant to file an EEO action. The EEO official reported this info to my boss. My fear is that this will lead to an adverse action against me. I have been denied a chance to defend myself against the accusations. I have not been given the nales of my accusers. What can I do to clear myself?
1 Answer from Attorneys
Re: EEO witness rights
Retaliation by an employer against an employee who has cooperated with government investigators is unlawful.
Your employer knows or should know this. So
IF an adverse action is taken by your employer,
the action will be more likely subtle than
overt. Your protection is the PAPER TRAIL of what you said to EEOC
"investigators."
The likelihood and scope and effect of an adverse action
depends (a) on the size -- both dollars and number of employees --
of the employing company,
(b) the sector (public or private),
(c) the industry (for instance, environmental,
computer, telephones, auto parts), and
(d) other factors too numerous to list here.
Anonymity is more often than not a ploy used by both employers and government agencies. They have no legal obligation to identify anyone who cooperated on behalf of any party to the controversy.
Courts sometimes do NOT care and sometimes (less often) they do.
I do not know the position of the courts in the
state of Washington.
Let your fingers do the walking in the Yellow
Pages and find a local employment lawyer and
explain your situation.
Certainly write a chronology of events while
they are still fresh in your mind. You will
possibly need to be able to recall those facts
at some later time. Also get in writing, if at
all possible, from colleagues or co-employees
facts which buttress your position, whatever it
is.
Good luck.
Barbara C. Johnson,
http://falseallegations.com