EEOC rules more investigation needed for federal employee claims. 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. On appeal, the EEOC’s Office of Federal Operations (OFO) looked at whether the Administrated Judge (AJ) erred in determining the record was adequately developed for summary judgment in the Agency’s favor. Complainant argued that the ROI omitted or misrepresented facts and the record established genuine disputes of material facts. The OFO held that the AJ had erred in part because the Agency conceded that the record was not adequately developed in four areas (1) the chronology of events; (2) whether a threat assessment took place; (3) the alleged physical threat in the van pool; and (4) whether the Associate Warden dissuaded Complainant from submitting a memorandum to the Warden regarding her issues with S1. Noting that there were too many unresolved issues in the record, the judgment as a matter of law for the Agency was reversed and the case remanded for further investigation and a hearing.

Zonia C. v. Dep’t of Justice, EEOC Appeal No. 2019001854 (Sept. 22, 2020)

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