Supervisor Survival Series: When EEO Comes Calling

August 5, 2024

Observations, Guidance, Tools,
and Tips to Make Your Job Easier

Managing in the Federal workplace can be complex. In our training, we hear a lot from supervisors about their workplace fears. Near the top of that list is receiving a call from the EEO office to talk about an allegation of discrimination. Let’s look at two aspects that might come up in the process.

Support from an Agency Attorney

We’re here to tell you that it’s OK to talk to EEO. But if you’re not comfortable with that, you can request agency counsel to work with you during the counseling and investigative stages. This wasn’t always the case. The EEOC changed its position on the role of agency defense counsel working with supervisors, back in 2019. Annalee D. v. GSA, EEOC Req. No. 2019000778 (2019).

An important point EEOC made in Annalee D: “[A]gency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage. However, agency defense counsel may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant’s approval of such changes.” Id. at 5.

Settlement Isn’t a Bad Word

If the word “settlement” comes up in this discussions, don’t be quick to dismiss it. Settlement is not an admission of discrimination or wrongdoing. Knowing when settlement may benefit the agency, the supervisor, the complaining employee, and even co-workers is an important aspect of the EEO process. Sometimes settlement is the best way to move forward for all parties involved.

So, don’t be afraid of EEO complaints. You can do this. And we’re here to help.

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