Federal employee wins race and sex discrimination case. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging employment discrimination on the basis of race, and sex. This was after Complainant’s supervisor provided a negative reference to the Public Health Service (PHS) which Complainant believed prevented PHS from hiring her. Following the initial investigation, Complainant did not request a hearing so the Agency issued a final decision (FAD) concluding that Complainant failed to prove that the Agency subjected her to discrimination as alleged.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Complainant established a prima facie case of disparate treatment based on race and sex. It was undisputed that the supervisor’s negative reference resulted in her non-selection for the PHS position despite her qualifications and recommendations. The evidence supported Complainant’s assertion that the supervisor did not want Complainant, a Hispanic woman, to potentially serve as the supervisor’s superior. The case was reversed and remanded.

Thomasina B. v. Dep’t of Justice, EEOC Appeal No. 0120173008 (Feb. 27, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf

Kirk J. Angel is an attorney with 26 years of experience who represents federal employees throughout the country in EEO related matters. You can set a free 15 minute consultation with him today right on this website.