Timely advice: Federal employees must be aware that sworn statements and testimony under oath have to be truthful or they could face possible criminal charges for perjury. A recent federal court ruling proves that such alleged untruthfulness carries a real risk.
A federal employee recently was convicted by a federal jury of committing perjury during the processing of her EEO complaint. The jury found that the employee made (among other allegations) intentional false claims against her supervisor in her complaint of discrimination against the agency. Criminal No. 1:02-313 (Dist. Ct. SC). The employee’s EEO case went to hearing before an EEOC administrative judge. The employee lost the EEOC hearing, and she then appealed the AJ’s decision to the EEOC’s Office of Federal Operations. On November 5, 2002, the OFO issued a decision sustaining the AJ’s ruling. EEOC Appeal No. 01A20227 (November 5, 2002). Although this appears to be the first time that a federal civil service complainant was convicted of perjury during the processing of his/her complaint, in 1999 the EEOC issued regulations intended to curb abuse of the EEOC process. 29 C.F.R.
