Federal agency loses appeal to EEOC. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of age and reprisal for prior EEO activity. Specifically, she alleged she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. Following the initial investigation the Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ issued decision finding that Complainant established that she was subjected to discrimination. The Agency issued a Final Order rejecting the AJ’s findings and filed an appeal.
On appeal, the EEOC’s Office of Federal Operations (OFO) had to determine whether the AJ’s findings were supported by substantial evidence and whether the remedies provided were appropriate. The OFO held that all of the AJ’s findings were supported by substantial evidence in the record. However, in regards to remedies, the OFO held that there was no basis for requiring the Agency to post notices to employees as facilities other than where the discriminatory conduct occurred.
Gabriele G. v. Social Security Administration, EEOC Appeal No. 0720180015 (Nov. 15, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf
If you are a federal employee faced with an EEOC or MSPB hearing, attorney Kirk J. Angel has handled these matters for years.