Saturday, December 30, 2017

2017 in Review, 2 of 3

I had filed my Complaint alleging age discrimination in my 2014-2015 Evaluation, and a Hostile Work Environment subsequently that caused me to retire involuntarily in May of 2016 during the investigative phase of my original formal complaint, with the Regional Office of the U. S. Equal Employment Opportunity Commission ("EEOC") in December of last year.  When May rolled around and I had not received a single confirmation from that office, no docket number issued by the Administrative Law Judge ("ALJ") there or even acknowledgement of receipt, I contacted the General Counsel's office ("GC") at my former agency, my adversary, to inform them that I would be contacting the EEOC office to inquire about the filing in order to make sure I wasn't sleeping on my rights and thus be dis-enfranchised by inactivity, and that call got the settlement discussions rolling for the first time.  That led to lengthy negotiations about settlement that resulted in a Stipulated Settlement Agreement ("Settlement") later in the summer, more than two years after the original incident that triggered the Complaint.  The Settlemet was the most significant event of the year for  me, because it totally validated my Complaint, brought meaningful relief and was an open document, not sealed by the improper and oft-used device of a Non-Disclosure Agreement ("NDA"), in effect silencing the successful complainant and imposing a shroud of secrecy upon the matter.   My Settlement can and does serve as a warning to other violators of the law and a potential blueprint for individuals struggling by themselves against the formidable array of lawyers in their agency's GC office and the oppressive process of the bucking the system and waiting out the interminable passage of crushing time while seeking to prosecute their valid complaints about discrimination.  I did find the time during the month to donate double red blood cells, my 117th lifetime donation. (Notice that this Order of Dismissal of the Complaint I mailed in on December 27, 2016, is dated September 20, 2017.  This was the first and only court-issued document that I received in the case, the first indication I ever received from the ALJ office that it had even received the Complaint.  Also notice that the Agency number assigned is 2016-2, indicating that only two cases were filed with the EEOC office during the entire previous year, attesting to the obvious reluctance of many persons to keep pursuing the long, drawn out system  of protesting agency discrimination in the workplace.)
In June, as settlement negotiations dragged on (it's a long, slow, strategic dance that I'm not unfamiliar with), I went to Nationals Stadium two days in a row, once to see the Nationals, those proverbial losers, play the Braves and the next day for an inspirational intramural baseball game where the Congressional Democrats played the Congressional Republicans shortly after a crazy man shot some Republican congressmen and staff members at their practice field.  We were all at the stadium to cheer on and be inspired by the small Capitol Police contingent that immediately engaged the assailant at the practice field and prevailed although massively outgunned.  The injured Capitol Policeman David Bailey, though on crutches, threw out the first pitch in honor of his force and his wounded partner.  That pretty much summed up the month.  (A true hero.)

Settlement discussions during July got into the same arena for both adversaries, pointing towards a distant yet foreseeable successful outcome, if both parties remained reasonable.  The opposing counsel I was dealing with at the GC's office was always courteous, professional and truthful, not character traits that are present in all lawyers.  I watched the July 4th celebration from my back stoop.  I visited a sick neighbor twice who had been clapped into the hospital for tests, and I was soon to discover just how fragile life can be.  (Happy Fourth!)

Early in August the phone by my bed rang at 6 a.m., never a good sign.  My neighbor and friend, a man younger than me, had died suddenly overnight in the hospital.  A few days later, for the first time that I remember, I attended a Catholic memorial service in his honor, and it was beautiful service with beautiful, tear-inducing singing.  I noticed that I was instructed by the presiding priest, along with all other Protestants and, I guess, fallen Catholics, not to participate in taking communion.  The faux total eclipse of the sun came and went without my noticing it despite my constant attention to homebuilt eclipse viewer in my driveway (I didn't have a government jet at my disposal to fly to Fort Knox accompanied by a trophy wife bedecked in designer clothes she had to tweet to us "adorable people" about to view the bonafide total eclipse).  On August 26th, exactly two years after my faux evaluation at work that started my ageism complaint, I mailed back to my former agency the final draft of the Settlement, signed by me, for their signature.  I hoped they wouldn't notice or object to the lack of an NDA, which the three drafts of the document had always lacked and had never been the subject of discussion.  Its lack in the document was very important to me, for the reasons stated above.  Almost two weeks went by without me hearing back from my former agency whether or not they, in fact, would execute it.  It was an anxious time for me, because the Settlement I had signed contained everything I could realistically hope for and aligned very well with my principles as a man.  (Farewell, my friend.)


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