Federal agency loses appeal of EEOC judge’s decision. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of race.

At the conclusion of the investigation, the Complainant requested a hearing, after which the AJ issued a decision finding the Agency had discriminated against the Complainant. Concurrently with its final order, the Agency filed an appeal with the with the Employment Opportunity Commission (EEOC) asking the EEOC to affirm its rejection of an EEOC Administrative Judge’s (AJ) finding discrimination against the Complainant on the basis of race. Complainant also appealed the Agency’s rejection of the entire AJ decision.

On appeal, the EEOC’s Office of Federal Operations (OFO) noted that all post-hearing factual findings by an AJ would be upheld if supported by substantial evidence in the record. As a result, the OFO held that substantial evidence supported Administrative Judge’s determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period. The Agency’s final order was reversed and the AJ’s findings were upheld.

Sol W. v. Dep’t of Defense, EEOC Appeal No. 0720180018 (Aug. 15, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt

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