EEOC asserts jurisdiction over Air Force employee’s EEO. Complainant filed two Equal Employment Opportunity (EEO) complaints alleging discrimination and reprisal on the basis of sex. At some point the military asserted jurisdiction over the claims, processed them accordingly, and found no discrimination or reprisal. Despite this, Complainant’s complaints remained active in part and Complainant requested a hearing after which the Administrative Judge (AJ) ordered the Agency to pay $200,000 in non-pecuniary compensatory damages, full back pay and benefits, and attorneys fees. The Agency concluded it would not comply with the AJ’s decision and failed to issue a final decision and appeal. The Complainant appealed stating the Agency failed to comply.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that the National Defense Authorization Act (NDAA) prescribes rights applicable to dual-status technicians regarding adverse actions, and that dual-status technicians may bring claims under it for conduct that does not relate to military activity. Therefore, the Commission had jurisdiction over the Complainant’s civilian employment in a General Services position and upheld the AJ’s decision.

Malinda F. v. Dep’t of the Air Force, EEOC Appeal No. 2020002487 (Dec. 29, 2020)

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