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Federal employee proves retaliation by federal agency. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging employment discrimination on the basis of sex and in reprisal for prior protected EEO activity. Following the initial investigation, Complainant requested a hearing. The Administrative Judge (AJ) found in favor of the Complainant and awarded her a total of $64,283.81. The Agency issued a final order rejecting the AJ’s findings of a per se reprisal violation and simultaneously filed an appeal. Complainant also appealed the AJ’s decision to limit the amount of witnesses she was allowed to call during the hearing.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that substantial evidence supported the AJ’s determination that TSM made statements during the August 10, 2009, staff meeting that were intended to discourage employees from engaging in protected EEO activity.

Mindy O. v. Dep’t of Homeland Security, EEOC Appeal No. 0720150010 (Sept. 2, 2016) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt

Federal employee attorney Kirk J. Angel offers a free 15 minute consultation to federal employees in the United States.