Some damages not available for federal employees age discrimination claims. The EEOC confirmed that compensatory damages (emotional distress) and interest on back pay are not available for retaliation claims based on the ADEA.
Complainant filed an EEO alleging that she had been discriminated against based on age and in retaliation for (reprisal) her prior EEO protected activity based on age. Both age discrimination and retaliation for an age related EEO matter is unlawful. However, the ADEA, which prohibits age discrimination in federal service, does not allow for compensatory damages (emotional distress) or back pay interest. After a hearing, an EEOC Administrative Judge found in Complainant’s favor and awarded back pay, interest on back pay and compensatory damages. The Agency rejected the AJ’s award.
Complainant appealed. On appeal, the EEOC’s Office of Federal Operations found that back pay was allowed, but that interest on back pay and compensatory damages were not allowed. Further, that such damages were not allowed either with an age discrimination claim or with a retaliation claim that is based on a prior EEO related to age.
Lois G. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0720170034 (June 15, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt
Kirk J. Angel represents federal employees in EEO claims and EEOC hearings throughout the United States. If you are a federal employee, and need representation in such claims, you can schedule a free 15 minute consultation with Attorney Angel right on this website.