EEOC holds federal employee not entitled to interest on back pay. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of sex, disability, and age. Complainant requested a hearing before an Administrative Judge (AJ). The AJ found that Complainant had been discriminated against on the basis of age, but not sex or disability discrimination. The AJ awarded Complainant back pay with interest. The Agency issued a final order accepting the AJ’s findings with the exception of the award of interest on back pay.

On appeal, the EEOC’s Office of Federal Operations (OFO) looked at whether interest on back pay is authorized for federal sector complaints filed under the ADEA. The OFO found that the Complainant was not entitled to interest on back pay because such a remedy is not available in federal-sector complaints.

Wes S. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2020002082 (Sept. 15, 2020)

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