Federal employee subjected to unlawful retaliation. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging employment discrimination on the basis of reprisal (retaliation). Following the initial investigation Complainant requested a hearing but ultimately withdrew her request at which time the complaint was returned to the Agency for a final decision. The final decision held that Complainant failed to prove that the Agency subjected her to discrimination as alleged. Specifically, the Agency determined that Complainant was unable to establish a nexus between the prior protected activity and any adverse employment action. Complainant appealed.
On appeal, the EEOC’s Office of Federal Operations (OFO) held that Complainant established a prima facie case of reprisal and there was no dispute that the Director was aware of her protected activity as she was the settlement authority for Complainant’s EEO complaint and tried to develop an EEO settlement offer. Although the Agency articulated a legitimate non-discriminatory reason for its actions, the OFO held that these actions were mere pretext for discriminatory behavior.
Jazmine F. v. Dep’t of Justice, EEOC Appeal No. 0120162132 (June 22, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt
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