EEOC finds racially hostile behavior in federal workforce. Complainant filed an EEO complaint alleging discrimination on the basis of race. After the investigation the Complainant requested a hearing; however, the Administrative Judge (AJ) granted the Agency’s motion for summary judgment. The Agency  then issued a final order (FAD) fully implementing the AJ’s decision. Complainant appealed and the EEOC’s Office of Federal Operations (OFO) vacated the Agency’s FAD. The OFO found that genuine issues of material fact remained in dispute. The EEOC remanded the matter for a hearing which ended in a second AJ issuing a decision in favor of the Agency. Once again, the Agency issued a FAD fully implementing the AJ’s decision. Again, Complainant appealed.

On appeal, the OFO found substantial evidence that there were several instances of racially discriminatory behavior. However, the Complainant was unable to show that he was personally subjected to that behavior. The OFO, however, agreed that the office where the conduct occurred was rife with offensive and racially hostile behavior and that other employees had been subjected to offensive race-based conduct and ordered the Agency to conduct training and recommended disciplining several identified Agency employees.

Ross R. v. Dept of Homeland Security, EEOC Appeal No. 0120162491 (July 25, 2018)

Federal employee Attorney Kirk J. Angel can represent federal employee anywhere in the US with EEO investigations and hearings before EEOC and MSPB.