Rebutting Management's Testimony

Jennifer Duke
June 23, 2016
Rebutting management's testimony during an EEO investigation is a federal employee's opportunity to review management's position, and offer statements and evidence to contradict the statements provided by management officials and other witnesses.

A federal employee pursuing a formal EEO complaint against their agency, should always be given the opportunity to review and rebut management's statements prior to the completion of the Report of Investigation. When a federal employee is given the opportunity to rebut management's statements, the employee should focus on those details contained in management's statements which the employee can directly refute.

The employee should refute such statements and identify the evidence which supports the employee's position. For example, if an employee claims that management made a specific statement, which management denies, and the employee has an email to prove the statement was made, the employee should both challenge management's assertion, and provide a copy of the email supporting the employee's statement. Rebutting factual claims made by management will allow an employee to demonstrate that there are material facts in dispute should the agency file a motion for summary judgment.

In addition to refuting factual statements, an employee should take care to identify contradictory statements that may have been provided, and call into question the person providing the statement's knowledge of the facts he or she is addressing. If a management official addresses facts about which the official has no first hand knowledge, this should be clearly identified by the employee.

Taking these steps when providing a rebuttal statement will help an employee ensure that the evidence contained in the Report of Investigation provides as clear a picture of actual events as possible.

Rebutting management's testimony is an extremely important step during an EEO Investigation. If you are participating in an EEO investigation, Melville Johnson, P.C. may be able to help ensure that your complaint gets off to a good start with a full and complete report of investigation. Contact us today using the form on this page.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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