The Merit Systems Protection Board (the Board) clarified that the proper forum for allegations of retaliation for filing an EEO complaint is with the Equal Employment Opportunity Commission (EEOC), not the Board.
The appellant in this case was a GS-15 Deputy Director of the Department of Labor’s Employment and Training Administration, Office of Information Systems and Technology. During his time in this role, he verbally “disclosed and protested” to his supervisors, alleging that they had failed to provide opportunities to African American employees because of their race. Around this time, he also filed complaints of systemic race discrimination against African American employees under the agency’s Harassing Conduct Policy. A few months later, the agency reassigned the appellant to a nonsupervisory GS-15 position.
Appellant filed a complaint with the Office of Special Counsel (OSC) alleging that his reassignment was in reprisal for his disclosures. OSC closed the investigation, and appellant filed an individual right of action (IRA) appeal with the Board. In her initial decision, the administrative judge found that the appellant’s allegations of discrimination did not constitution disclosures of an abuse of authority protected under 5 U.S.C. § 2302(b)(8), the relevant statute, because the allegations related solely to discrimination.
“The Board has jurisdiction over an IRA appeal if the appellant exhausts his administrative remedies before OSC and makes nonfrivolous...
President Lee Jae-myung speaks at a Cabinet meeting held at Cheong Wa Dae on October 13. President Lee Jae-myung called for a stern response to the spread of false information regarding eggs rece...