Federal employee award of $3000 affirmed by EEOC. Complainant. a federal employee of the VA, an EEO complaint based on reprisal or retaliation. He next filed a request for hearing with the EEOC and an AJ entered a damages award of $3,000.
Complainant then filed an appeal. On appeal the Complainant did not submit a brief and the Agency argued because Complainant did not submit a brief, the only thing that could be in contention was the award of $3,000. The Agency asked that the award of $3,000 stand. The EEOC’s Office of Federal Operations (OFO) held that the AJ had properly awarded Complainant $3,000 as the Complainant’s testimony from his friends, family, and colleagues was credible in respect to how the discrimination affected Complainant’s family and work life, but other testimony was not credible. The OFO further held that such an award was consistent with amounts awarded under similar circumstances.
Brendon L. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120160256 (Apr. 20, 2018)
https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt
This case shows that oftentimes a brief in support of an OFO appeal should be submitted to explain what the complainant is seeking. Kirk J. Angel is a experienced attorney who represents federal employees nationwide in EEO matters, EEOC hearings and appeal. Set a free 15 minute consultation with him today if you are a federal employee in need of representation.