Federal employee subjected to sexual orientation harassment and retaliation. Complainant filed an EEO alleging sexual orientation discrimination, harassment and retaliation (reprisal). She requested a hearing but later withdrew the request. the agency issued a final agency decision (FAD) finding no discrimination, harassment or retaliation. She then appealed to the Employment Opportunity Commission (EEOC). On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Complainant was subjected to harassment and subjected to severe or pervasive comments that were premised on her sex and sexual orientation. The OFO further held that the Complainant proved that she was subject to retaliation because she complained about the harassment and the Agency’s reason for issuing her termination was a pretext to retaliate against her.
Phyllis F. v. Dep’t of Homeland Security, EEOC Appeal No. 0120150799 (Feb. 16, 2021)
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