EEOC finds in favor of Agency on federal employee claims. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of race (Caucasian), color (white), sex (male), age (over 40), non-sexual harassment, and in reprisal. The claims arise from when the employee was relieved from his duties as an Assistant Product Director and assigned to a less than desirable position of no responsibility and very little work. After the initial investigation Complainant requested a hearing and the Agency submitted a motion of a decision without a hearing that the Administrative Judge granted. The Agency issued its final order adopting the AJ’s finding that Complainant failed to prove discrimination and harassment as alleged. Complainant appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that the AJ correctly determined there were no genuine issues of material fact or credibility when the record showed that the Agency issued Complainant a letter of Counseling because of the allegations that he had used improper language of a vulgar or sexual nature, and that the Agency discharged him during his probationary period due to his repeated discourteous behavior. Further, the OFO noted that the Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency’s actions. The OFO affirmed the Agency’s final order finding no discrimination.

Antony Z. v. Dep’t of the Army, EEOC Request No. 2020005108 (Apr. 14, 2021)

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