Randy Williams is a former Departmental Office of Civil Rights (DOCR) Regional Director and former FAA Regional Civil Rights manager. He is one of the most highly decorated Civil Rights/EEO Officers in the history of both DOT and FAA, receiving awards such as the Secretary of Transportation's Gold Medal Award, the Secretary's Award for Meritorious Achievement (Silver Medal), the C. Alfred "Chief" Anderson Award, and many other awards/accolades from various employee groups and community organizations. Randy believes he is blessed with a gift for effectively understanding discrimination cases and implementing successful strategies in the informal, formal, EEOC, and court phases of the EEO discrimination complaint process. He has helped many people in both public and private sector.
Randy offers free consultation by just calling him at (678) 777-6460, during normal business hours.
Randy’s Best EEO Practices
Before filing an EEO complaint:
- Recognize that unlawful discrimination happens in the workplace. Do not internalize what has happened to you, or see yourself as a victim, or allow self-blame. Understand the EEO administrative process is the Agency’s forum for addressing unlawful workplace discrimination and you are merely seeking legal redress for a harm perpetrated against you.
- The EEO process is about "making whole relief" for tangible loss such as lost monies (i.e. salary, awards, promotions, etc.), leave usage (i.e. being forced to take leave due to hostile working conditions), etc. One can argue intangible loss such as 'pain and suffering', but it must be documented by medical evidence instead of personal feelings. You must be able to show some form of tangible loss or risk case dismissal at some point in the formal process.
- Don't depend on verbal dialog as the foundational evidence for your case. Document, document, document! If you are told something you believe to be discriminatory, write it down (and coordinate) as a summary of the conversation including date/time. Evidence rules the EEO process, not personal feelings.
- Remember you have 45 days to file based on the actual event date or your awareness of the actual discrimination. Never delay in EEO complaint filing from the moment of your reasonable suspicion of unlawful discrimination.
- Remember, there is a huge difference between what is said versus proven. Focus on the latter.
During the filing of your EEO complaint:
- Trust no one in the EEO process; you have the burden of 'making and proving your case'; this is your fight. Counselors, Investigators, etc. all work for the Federal Government, not for you.
- Successful complaint keys are Case Development and Case Presentation. Compile evidence (documentation, witnesses, etc.) and effectively communicate the proper reason (basis) and issue (what happened) as due to unlawful actions under Title VII, CRA, as amended (as opposed to lawful discrimination like incompetence).
- Be careful about revealing your case facts before your case is formally investigated by DOCR. Formal investigations have built-in protections for your witnesses (called reprisal), ensures testimony and evidence are taken under penalty of perjury, and your factual records are recorded in the first case record that is court admissible—the Record of Investigation (ROI).
- Remember, during the Formal Investigation, you have the right to provide an initial statement, review management's response, then you have the right to Rebuttal of that management response. Rebuttal is very important to show that management's response is merely masking unlawful discrimination. Don’t miss out or rush these important steps in your complaint investigation.
- Recognize the EEO administrative process is long, tedious, and treacherous. Be vigilant on your submission timeframes (always in calendar days) but understand that the EEO process may not move as fast as advertised.