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EEOC holds dismissal of federal employee EEO improper. Complainant filed an EEO alleging discrimination based on race, sex, color, disability and retaliation (reprisal). During the investigation, the Complainant failed to return her affidavit to the EEO investigator.

The Agency issued a Final Agency Decision (FAD) for failure to cooperate. The Complainant appealed the dismissal to the Equal Employment Opportunity Commission (EEOC). The EEOC’s Office of Federal Operations (OFO) found that although Complainant had indeed failed to respond, the Agency was still able to complete its investigation without the affidavit from Complainant and therefore the previous dismissal was erroneous.

Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. 2019003663 (Aug. 22, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf

Attorney Kirk J. Angel has represented federal employees for more than a decade. If you are a federal employee who needs an attorney for representation in an EEO or a hearing before the EEOC or the MSPB, set your free 15 minute consultation with Attorney Angel today.