EEOC finds Agency’s delay issuing FAD warranted only minor sanctions. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability, age, and in reprisal for prior protected EEO activity when the Agency did not select him for the position of Senior Officer Specialist. Following the initial investigation, the Complainant did not request a hearing; however, the Agency still failed to issue a final decision within the time frame prescribed by the Federal Code. Having not received a final decision, Complainant appealed to the EEOC’s Office of Federal Operations (OFO) in the form of a motion for sanctions and a default judgment. Nearly four months after Complainant appealed, the Agency issued its final decision concluding Complainant failed to prove discrimination as alleged.
On appeal the OFO noted that the Agency failed to provide a valid reason for the late issuance of the final decision and therefore failed to comply with its obligations. The OFO held that following this more than year long delay the Agency was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with regulations and ordered to provide training to its EEO personnel. The OFO further held that although the delay was significant, it was not enough to warrant sanctions in the form of a default judgment. The OFO ultimately upheld the final order finding no discrimination but modified the judgment to included the above sanctions.
Jordon S. v. Dep’t of Justice, EEOC Appeal No. 0120171870 (Mar. 20, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf