Complainant presented evidence that connected the discrimination to certain health symptoms that she experienced at or around the time of the discrimination. The Agency conceded that Complainant established a prima facie case of discrimination under the EPA, but it asserted that the difference in salaries was related to a difference in years of experience, which was a covered affirmative defense under the EPA. Sec. 0120171676 (Nov. 29, 2018), Teresa D. v. Dep’t of Veterans Affairs, EEOC Appeal No. Complaint Properly Dismissed for Untimely EEO Counselor Contact. Postal Serv., EEOC Appeal No. 0120180863 (June 5, 2019). Complainant alleged the Agency failed to accommodate him through the day of his removal. The Agency did not challenge the AJ’s sanction on appeal, and the testimony at hearing confirmed Complainant and her predecessor performed substantially equal work in the position, but that Complainant’s starting salary was nearly $13,000 less than her predecessor. Postal Serv., EEOC Appeal No. While the Agency determined that the sole issue in the claim concerned a manager’s use of a racial slur on one occasion, the formal complaint and EEO Counselor’s report reflected a more detailed series of alleged incidents, including a discussion that “got out of hand,” and other comments made by the manager. Specifically, the Agency’s analysis that Complainant did not engage in prior protected activity under the anti-discrimination statutes when she filed an Inspector General complaint went to the merits of Complainant’s complaint and was irrelevant to the procedural issue of whether she had stated a viable claim under the Commission’s regulations. The incident occurred when management officials discussed complainant’s EEO complaint during a 90-day performance evaluation. Before sharing sensitive information, make sure you’re on a federal government site. Complainant’s loss of earnings, however, was still proximately caused by the Agency, and the Agency was jointly and severally liable for the full amount of the back pay owed. The Commission found that by alleging a pattern of harassment, Complainant stated a cognizable claim under the EEOC regulations). Thus, the Commission concluded that the parties should be afforded an opportunity to cross-examine the available witnesses, and the matter was remanded for an administrative hearing. Lenny W. v. Dep’t. Complainant sought EEO counseling alleging that the Postmaster attempted to terminate his employment, failed to provide him training, and “took further…actions” against him. 0120182066 (July 9, 2019), Horacio M. v. Dep’t of Justice, EEOC Appeal No. Agency Substantially Complied with Settlement Agreement. 0120173051 (Oct. 30, 2018). However, during the discrimination she stated she suffered from panic attacks, insomnia, high blood pressure, irritability, headaches, and feelings of isolation. Therefore, the Agency improperly dismissed Complainant’s claim of ongoing sexual harassment, as well as her claim that upper-level management did not properly respond after she reported the incidents. Complainant sought EEO counseling when, among other things, she learned she was being paid at a lower rate than a male coworker performing the same duties. The Agency dismissed the complaint for failure to timely contact an EEO Counselor, arguing that she did not initiate contact until three months after the most recent denial. The Commission reversed the decision on appeal, stating that while each incident by itself may have appeared to concern relatively minor matters, when considered together, given the breadth of the allegations over consecutive months involving the same two management officials, Complainant stated a viable claim of harassment that required further investigation);  Shara D. v. Dep’t of Veterans Affairs, EEOC Appeal No. The Agency was ordered, among other things, to designate a management official other than the supervisor to provide references for Complainant and investigate her claim for damages. The events she experienced at work caused Complainant emotional and physical harm and negatively affected her personal and familial relationships. 2019000362 (Apr. The parties agreed that management would produce a “payroll everything report” for Complainant. Agency Violated Rehabilitation Act by Allowing Access to Confidential Medical Records & Making Impermissible Medical Inquiry. The Commission found that the Agency exercised sufficient control over Complainant’s position to qualify as his common law employer for the purpose of the EEO complaint process. 0120181158 (May 9, 2019), Monroe M. v. Dep’t of Transp., EEOC Appeal No. Preponderant evidence showed these intolerable working conditions were calculated successfully to make Complainant resign. 2019002082 (Apr. Commission Increased Award of Attorney’s Fees. Postal Serv., EEOC Appeal No. While the Agency claimed that the last chance agreement should be viewed as a settlement agreement, and that Complainant’s union activity did not involve protected EEO activity, those arguments went to the merits of the complaint and were irrelevant to the procedural issue of whether Complainant state a viable claim. 2019002286 (May 7, 2019), Candi R. v. Dep’t of Def., EEOC Appeal No. The actions alleged involved a senior management official making fun of Complainant’s disability in front of a group of co-workers and mimicking the way he walked because of his disability. On appeal, the Commission determined that the Agency’s stated reasons for the review were pretexts for discrimination, and the Agency penalized Complainant for not being physically present in the office. 0120181195 (June 12, 2019). 0120181059 (Aug. 13, 2019). Complainant’s physician described the Agency’s decision and explanation given to revoke Complainant’s teleworking as “senseless,” and Complainant’s husband vividly described the initial and continuing impact that the manager’s decision had on complainant and on her family as a whole. The Commission found that the male comparator who earned more than Complainant performed mostly different functions. Complainant Timely Raised Claim of Harassment. Mui P. v. Dep’t of Veterans Affairs, EEOC Request No. Specifically, Complainant stated that he was subjected to ongoing harassment, including being repeatedly undermined by his supervisor and treated differently than his coworkers. The Commission affirmed the Agency’s award of $1,313.48 in past pecuniary damages for expenses incurred in processing his complaint. The Agency did not dispute the validity of Complainant’s illness but, applied its blanket attendance policy. On September 30, 2020, Sonderling was sworn in as Commissioner. The agreement also specified that management and Complainant would communicate professionally with each other. Pursuant to a request for a reasonable accommodation and settlement of an EEO complaint, Complainant had been working from home five days per week when the Agency gave her an unsatisfactory progress review. Margeret M. v. Dep’t of Veteran Affairs, EEOC Appeal No. Myrtie P. v. U.S. 0120181358 (Aug. 14, 2019). On appeal, Complainant stated that she had no actual or constructive knowledge of the limitation period for contacting an EEO Counselor until she spoke with a former federal employee in December 2018. On appeal, the Commission found that the AJ’s dismissal of the hearing request was appropriate, because Complainant failed to provide adequate responses to the discovery requests and rebuffed the Agency’s attempt to discuss the deficiencies in his response); Alden G. v. Social Security Administration, EEOC Appeal No. 0120170934 (Apr. Nicki B. v. Dep’t of Educ., EEOC Appeal No. The Agency was ordered, among other things, to provide Complainant with reasonable accommodation, ensure that the coworker does not work in or come near Complainant’s facility, and investigate Complainant’s claim for damages. 0120181917 (Aug. 27, 2019). The Commission concluded that the Agency failed to articulate a clear and reasonably specific basis for its subjective assessment of Complainant. The Agency determined that it discriminated against Complainant based on reprisal when conducting a suitability determination during the selection process for a Patent Examiner position. Victor S. v. U.S. According to Seyfarth Shaw, “FY 2020 ended with a whimper, … The Agency viewed the claim as relating to a September 2017 last chance agreement and dismissed the complaint on grounds that Complainant failed to timely contact an EEO Counselor and for failure to state a claim. Nevertheless, the record showed that the religious object helped Complainant cope with work-related stress and her conditions worsened after the item was removed from her desk. 14, 2019). On appeal, the Commission modified the award. 0120170802 (May 17, 2019), Kyong L. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120182706 (Nov. 30, 2018), Karan F. v. U.S. The Commission affirmed the Agency’s finding that Complainant failed to prove her claim of harassment. Postal Serv., EEOC Appeal No. 0120170311 (July 30, 2019), Augustine V. v. U.S. 0120181789 (Aug. 20, 2019). Under the circumstances of this case, the Commission found that the individual’s action was reasonably likely to deter an employee from engaging in protected activity. The closure documents were suspended until August 3, 2020. There were only 7 age discrimination cases filed in FY 2020, the same number as FY 2019. Further, an addendum filed by Complainant’s attorney was not a factor in the appellate decision, and, therefore, the Agency properly deducted the 12.8 hours of work done on the addendum. Complainant Stated Valid Harassment Claim. 2019002420 (May 7, 2019), Mathilda S. v. Soc. Postal Serv., EEOC Appeal No. The psychologist gave no prognosis, and none of the other statements addressed the duration of Complainant’s condition. Complainant contended that he officially encumbered the position on a certain date in accordance with the Agency’s reorganization plans, and he asserted that the Agency failed to allow him to negotiate a salary but allowed a female employee to negotiate her salary upon her appointment to a similar position. The Agency also found that some of the claims were untimely raised with the EEO counselor. 0720180014 (May 10, 2019), Thomasina B. v. Dep’t of Justice, EEOC Appeal No. 2019002082 (Apr. Commission Increased Agency’s Award of Non-Pecuniary Damages to $15,000. The immediate impact of this flurry of activity appears to be a substantial drop in cases filed by the EEOC. 0720180030 (Aug. 20, 2019), Trey M. v U.S. 2019002318 (Apr. While Complainant questioned the AJ’s finding that the Agency engaged in the interactive process after the 10-week period, the Commission found that substantial evidence showed that the Agency attempted to obtain additional information regarding Complainant’s condition after it granted his request to telework, and it was reasonable to allow time to implement the accommodation. Complainant alleged that the Agency subjected her to discrimination based on race and in reprisal for prior EEO activity when she was harassed during the New Intelligence Analyst Training (NIAT), and constructively discharged from NIAT on October 15, 2018. 5, 2019), Margeret M. v. Dep’t of Veteran Affairs, EEOC Appeal No. Complainant and the Agency entered into a settlement agreement that provided, in pertinent part, that the Agency would allow Complainant to use a service animal as a reasonable accommodation, and provide her with a compressed work schedule and flexible telework schedule. 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