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EEOC upholds dismissal of discriminatory pay claim. Complainant a federal employee, filed an EEO alleging discrimination based on sex.

Specifically, she alleged the Agency discriminated against her by requiring her to perform GS-15 level work without promoting her to GS-15. Complainant request an EEOC hearing. The Administrative Judge (AJ) found in favor of the Agency and the Agency implemented the decision in its FAD. Complainant then  filed and appeal of the Equal Employment Opportunity Commission’s (EEOC) Office of Federal Operations (OFO). The OFO agreed with the AJ’s finding that Complainant had not managed to establish that her work was substantially equal to that of a comparator.  This was because she did not have the same responsibilities as her comparators, she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees.

Jenna P. v. Dep’t of Homeland Security, EEOC Appeal No. 0120180917 (Oct. 17, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf

Kirk J. Angel has represented federal employees for many years. If you need help with an EEO or EEOC hearing, set your free 15 minute consultation with Attorney Angel today.