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EEOC gives partial victory to federal employee. Complainant filed an appeal with the Employment Opportunity Commission (EEOC) in response to the Agency’s Final Decision concerning his EEO complaint alleging employment discrimination in violation of the Civil Rights Act and the Age Discrimination Act. On appeal, the EEOC’s Office of Federal Operations (OFO) had to determine if the Complainant had adequately supported the contention that he was subjected to discrimination in regards to his sexual orientation when he was overlooked for promotions. The OFO held that in regards to one position Complainant applied for, he had not met his burden to prove a prima facie case because he had not shown he was qualified for it. However, for the second position, the OFO held that Complainant had proved he was qualified, and the Agency failed to present a legitimate non-discriminatory explanation for not selecting Complainant for the position. The OFO stated that by the Agency explaining the general mechanics of the selection process for a Lead Transportation Security Officer position but did not providing a specific, individualized explanation for why Complainant was not chosen for the position, they had failed to articulate a non-discriminatory reason. In regards to the harassment claim, the OFO held that although Complainant had established harassment, the Agency had effectively and immediately addressed the issue to insure the harassment did not continue, and was therefore not liable for harassment.

Jess P. v. Dep’t of Homeland Security, EEOC Appeal No. 0120132186 (Sept. 17, 2019)  https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf

Attorney Kirk J. Angel has represented federal employees for more than a decade. He has substantial experience in handling EEO claims. Attorney Angel also represents federal employees in proceedings before the EEOC and the MSPB. You can set a free 15 minute consultation with him right on this website.