Procedural error’s by the agency
If you can show that the agency made many procedural mistakes there is a presumption of pretext which beats any rationale for business reasons.
Discrimination is hard to prove, however, only if the lawyer presenting the case does not understand the theory and the exception to the rules: for example – if the agency makes only one procedural error such as not following the agency handbook there is no presumptive of pretext.
Note from blog owner: This rule of finding more than one mistake, reminds me of the EEOC definition of a discrimination. The AJ in my case wrote that symbols of terror or phrases of the third reich only used once or in isolated instances is not a discrimination. (doesn’t that sound ridiculously wrong?)
Anyone who is going to represent themselves needs to buy Ernest Hadley’s book which comes out every year, “A Guide to Federal Sector Equal Employment Law and Practice.” It is by no means cheap. I think it costs somewhere around $500.00 or so. But if you can somehow manage it, and you are spending a lot of time on your case invest in something that will help you win your argument.
Most people do not understand the various ways to prove a discrimination case. Even in retaliation cases if the time period between the bad act and the last filing of your complaint is too long ago look for the exceptions to the rule which can or might help with your argument, that is if you can match facts to the exception in your own case.
Hadley’s book is the Bible for all AJs. You can only check it out of the library for so long or they come looking for you. Ergo, I used to buy my own book. This presupposes you even get to summary judgment or to trial. For those without a lawyer but with a good mind you can read up on anything and use the citations etc. in your own case. Spending $500.00 may seem like a lot but you are not paying a lawyer.
EEOC Requirements to become an AJ
Mustardseed is absolutely correct about the difficulties in proving a case. But, that is usually because some AJs do not fully understand the law either ( I hate to say that but it is true). To become an AJ they do not have to pass any test or have any experience in that area of the law. In my case this was the only law I practiced and was a law professor for almost ten years and this is what I taught for almost ten years. One of the finest complements I ever received was from an appellate law judge who said, “Ms. Bullock, you are often imitated, but never duplicated.” He was referring to my passion. That has everything to do with living and breathing justice and fair playing fields – hard wired than it has to do with anything else although my past childhood experiences made me the warrior I was then and am now. It is often said that the key to our life’s pursuits comes from the subconscious. To some extent I believe that is true. It was for me anyway.
Everyone on this forum was raised by their parents or received some guidance to knowing right from wrong. That is why we are so very angry and passionate when what we have absorbed since childhood is the opposite of what we see and experience at work. The injustices are just so hard to bear when we have been raised that we do not treat other people with disrespect, biases or prejudices.
I am sorry if this is hard to read or if there are typos but my hands are really shaking today and there is no one here to help proof read OOOPS! Sorry about that!
Respectfully submitted,
Honorable Mary Elizabeth Bullock (Retired)
