Federal agency loses appeal of finding it retaliated and discriminated against an employee. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging employment discrimination on the basis of sex, reprisal and a hostile work environment. She alleged she was subjected to at least seven incidents including: sexual harassment; denial of award pay; being assigned additional duties without being compensated; denial of training requests and career development opportunities; and issuance of the Letter of Counseling. Following the initial investigation Complainant requested a hearing with an EEOC Administrative Judge (AJ). The AJ found that the Complainant’s actions were a protected activity and that the Agency had retaliated against Complainant. Following the final order, the Agency appealed arguing the AJ’s decision contained material errors of fact and law.
On appeal, the EEOC’s Office of Federal Operations (OFO) agreed that the Complainant’s actions were protected activities, and that Complainant had been subjected to discrimination. The OFO further stated that although the Agency established a legitimate reason for issuing a Letter of Counseling to Complainant, they failed to establish why other similarly situated employees did not receive one. As a result the OFO held that the AJ’s award of $5,000 in pecuniary damages and $6950 in attorney’s fees was appropriate in the instant case.
Eleni M. v. Dep’t of Transportation, EEOC Appeal No. 0720160021 (July 25, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt
Attorney Kirk J Angel has represented federal employees for well over a decade. if you need an experienced federal employee attorney you can set a free 15 minute consultation with him today right on this website.