Federal employee wins EEOC appeal. Complainant filed an EEO alleging discrimination on the basis of age. After the investigation, the Complainant failed to request an EEOC hearing so the Agency issued a Final Agency Decision (FAD).  The FAD held that Complainant failed to establish age discrimination. Complainant then filed an appeal with the EEOC’s Office of Federal Operations (OFO) challenging the FAD.  The OFO held that Complainant established a prima facie case of age discrimination. It also found that the Agency did not meet its burden of production to articulate a legitimate nondiscriminatory reason for its action and therefore Complainant was denied a fair opportunity to demonstrate pretext. The OFO reversed the Agency’s  FAD and ordered it to take remedial action.

Alline B. v. Social Security Administration, EEOC Appeal No. 0120162182 (Dec. 8, 2017) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt

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