Federal supervisor created a retaliatory hostile work environment. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination based on race, color, and reprisal. Following the investigation the Agency issued a final decision (FAD) concluding that Complainant failed to prove the Agency subjected her to discrimination as alleged. Complainant appealed.
The EEOC’s Office of Federal Operations (OFO) found the supervisor’s response to the Complaint’s allegations of discrimination created a retaliatory hostile work environment by reminding Complainant that she was still in a probationary status, denying any discrimination, telling Complainant to “calm down on that” and stating that co-workers might file complaints against Complainant for her allegations. The OFO further held that such actions were sufficiently material to deter others from engaging in the EEO process.
Leora R. v. Dep’t of Health and Human Services, EEOC Appeal No. 0120180736 (Aug. 30. 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf
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