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Federal employee entitled to damages but not back pay. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging the Agency harassed and discriminated against her on the bases of race, sex, and in reprisal for prior protected EEO activity. The Complainant requested a hearing with the Equal Employment Opportunity Commission (EEOC) The Administrative Judge (AJ) issued a decision finding Complainant was not subjected to unlawful discrimination or harassment, which was fully adopted by the Agency. Complainant appealed. The EEOC further found that Complainant’s termination was based on her sex/pregnancy, that she was subjected to a hostile work environment, and constructively discharged. The EEOC ordered the Agency to provide Complainant with an offer of reinstatement of her HR position, back pay and benefits plus interest, and to determine compensatory damages.

Following decision by the Agency, Complainant alleged that the Agency had failed to comply with the order to provide her with back pay. The EEOC docketed Complainant’s petition for enforcement to examine the enforcement of the Order from her EEOC Request. The EEOC’s Office of Federal Operations (OFO) specifically looked at the award of back pay and noted that Complainant was employed in the military during the time between her constructive discharge and reinstatement. The OFO held that because her pay during that time while in active-duty military service exceeded her gross civilian pay, Complainant was not entitled to any back pay.

Sherrill S. v. Dep’t of the Air Force, EEOC Petition No. 2019001468 (June 5, 2019)  https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf

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