Federal employee’s EEOC hearing dismissed due to failure to comply with order. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of race (Caucasian), religion (Church of Christ), color (white), disability (hearing loss/Meniere’s Disease), and reprisal.Specifically, he asserted that his medical information was left unsecured, he was placed on AWOL status, and on multiple occasions his requests for a reasonable accommodation were refused. Following the initial investigation, Complainant requested a hearing but the Administrative Judge (AJ) refused the hearing on the basis that Complainant refused to comply with the AJ’s order. The AJ remanded the complaint to the Agency and the Agency issued a final decision. Complainant appealed.
On appeal, Complainant argued that the AJ erred when she cancelled the hearing and remanded the complaint to the Agency, and second, that the Agency’s final decision was erroneously decided. The EEOC’s Office of Federal Operations (OFO) noted that the video depositions of at least four management officials were uploaded to YouTube. After learning the videos had been uploaded to YouTube, the Agency moved for sanctions asserting that Complainant had uploaded the videos and, in doing so, violated the EEO process’s privacy principles and undermined the EEOC’s goal of fostering a conciliatory process. The AJ agreed and issued an order requiring the Complainant to take down the videos and provide written confirmation that he had done so. Absent such confirmation, the AJ decided the Complainant had waived his right to a hearing and dismissed his hearing request. The OFO agreed with the AJ’s reasoning and actions and affirmed the decision.
Arnoldo P. v. United States Postal Service, EEOC Appeal No. 0120123216 (Jan. 8, 2016) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt