EEOC finds federal agency issued an untimely FAD on employee’s claims. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of race (Caucasian), color (white), sex (male), age (born in 1967), and reprisal. Specifically, he alleged he was not selected for the position of Deputy Regional Administrator due to discrimination and reprisal. Immediately after the Agency began investigating the EEO complaint, Complainant requested a hearing before and Administrative Judge (AJ). The parties then filed several motions. However, the Complainant withdrew his hearing request and the AJ remanded the complaint to the Agency to issue a final decision. The Agency issued a final decision concluding that the Complainant failed to prove that the agency subjected him to discrimination as alleged. Complainant appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) considered whether the Agency should be sanctioned.  Specifically for the way it conducted the investigation, issued an untimely FAD and what the appropriate sanctions for such actions would be. The OFO held that Complainant’s request for a default judgment would be granted because the Agency did not issue its final decision until 210 days after the AJ’s order remanding the complaint to the Agency for a final decision. Also, the OFO gave consideration to the fact that the Agency provided no explanation for its significant delay. The case was reversed and remanded to determine the appropriate relief for the Complainant.

Irvin M. v. Dep’t of Homeland Security, EEOC Appeal No. 0120170498 (Apr. 25, 2019)

Federal employee attorney Kirk J. Angel represents federal employees throughout the US in EEOC hearings.