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Questions on how an EEO complaint works, and seeking representation.

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deportm

Junior Member
What is the name of your state?Texas
I was a Federal Air Marshal with Homeland Security from 01/2002 to 7/2003. In May 2003, I was sent to Atlantic City for training. I was not told failing this training would be grounds for termination, or that this training was a "condition of employment. I attended and failed a performance standard. I have many comments and concerns about the training itself which I would like to discuss with you. I returned to the Houston office after being told termination would be recommended by the head of training(later found that the school cannot "recommend" termination"). I was told by several managers it would be best to resign before termination, it looks better on my personal records, ect. I resigned & took a job in Iraq with KBR in Sep 2003. Upon returning in April 2004, found out from others in the agency that air marshals who also failed were allowed to retrain and retake the testing in Atlantic City. Since I am a dark skinned hispanic mistaken for being middle eastern, I am wondering why I was not allowed to retrain. I filed EEO complaint, which is currently being reviewed. I would also like to see options action against main people at Atlantic City who caused this mental and personal hardships for what appears to be racial bias. I also believe the leadership at my Hub in Houston did nothing to help me. In fact, I would not have been told that termination was imminent except for the telephone call from the Acting Team Leader, who called me prior to my reporting to the ASAC. Even my FLEOA officer recommended resignation, without looking into the case at all. I feel that my resignation was forced, and that I was not afforded the same treatment as others. There has been a pattern established by the DHS that the outcome of training at Atlantic City is only as important as the needs of the Agency at the time of the training.
I feel that I was unjustly forced to resign, and hope that you will afford me the opportunity to speak with you about my case. I checked on the case status in December, and was told it is currently being reviewed for timeliness.
I also have concerns about the hiring practices in the Department of Homeland Security. Since my resignation, I have attempted to obtain reinstatement with no success. Again, I hope that you will discuss this with me.
 


Beth3

Senior Member
Are you posting here in the hopes of obtaining specific legal advice from an attorney? That's not going to happen. This site is for general legal information only - no one is going to enter into an attorney-client relationship with you on a public bulletin board.

Whether you have a claim for discrimination based on race or national origin is not something anyone here can advise you on. We don't have the specific facts as to why some individuals were allowed to retrain and you weren't. There are any number of possibilities, many legal. Perhaps they didn't fail the same section you did or perhaps they didn't fail as badly.

You're going to have to let the EEOC do their job. In the meantime, if you want specific legal advice on the strenght of your claim, you'll need to consult with an employment law attorney.
 

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