I am often asked if other legal processes already filed — an EEOC Complaint, a corollary adverse action being appealed, etc. — will have an impact upon a Federal Disability Retirement application. My general answer is, “No, it will not have an effect upon filing for Federal Disability Retirement.” The second question which often follows, is: What if the EEOC filing contradicts the Federal Disability Retirement application? While the full answer to such a question will differ from case to case, depending upon the peculiar and particular circumstances of each individual case and application, my standard response to the second question will often contain a responsive query: Have you ever heard of an attorney speaking out of two or three (or four) sides of his mouth? As attorneys, we make multiple (and sometime contradictory) arguments all the time. I am not concerned with the factual or legal arguments in a concurrent/parallel EEOC case; my job is to make sure that my client obtains a disability retirement — and if it somewhat contradicts the arguments made in an EEOC complaint, so be it — for, after all, I’m merely an attorney, and such inherent contradictions only prove the fact that lawyers have at least four sides to every mouth.
Robert R. McGill, Esquire