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EEOC overturns Agency FAD and orders assessment of damages. Complainant, a federal employee, filed an EEO alleging disability discrimination, failure to accommodate, and age discrimination. At the end of the investigation Complainant did not request a hearing therefore the agency issued its final decision  (FAD). Complainant filed an appeal with the Employment Opportunity Commission (EEOC). On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Agency unnecessarily delayed granting a reasonable accommodation. The OFO further held that the Complainant was subjected to discrimination when he was not promoted due to the delayed reasonable accommodation. Finally, the OFO held that Complainant was entitled to compensatory damages for the Agency’s failure to accommodate and remanded the case to determine an appropriate amount to award the Complainant.

Ruben T. v. Dep’t of Justice, EEOC Appeal No. 0120171405 (Mar. 22, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf

Attorney Kirk J. Angel has been representing federal employees for more than a decade. He represents federal employees throughout the United States in EEO investigations and hearings. You can set your own free 15 minute consultation with Attorney Angel right on this website.