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EEOC finds further investigation is needed into discrimination claims. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of race (Hispanic) and sex (male) when he was removed from his position with the FBI. The Agency dismissed the complaint on the grounds that Complainant was a contractor, not an Agency employee.

On appeal, the EEOC’s Office of Federal Operations (OFO) noted that Agencies often conclude that an individual is not an employee based solely on the fact that the individual’s paycheck is written by a different organization. Although that is one relevant factor to determining an employer, there are several other factors to consider, and it is possible to have a joint-employment situation. In the instant situation, the OFO held that the record was insufficient to determine whether the Agency jointly employed the Complainant. Specifically, the record was missing the contract, or affidavits from management officials regarding the day-to-day responsibilities of Complainant. The Agency’s final decision was reversed and remanded for a supplemental investigation to determine employment status.

Bertram K. v. Dep’t of Justice, EEOC Appeal No. 2020000974 (Feb. 11, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf