Complainant tried to contact the Agency’s EEO office and the EEO Counselor. The Manager conceded discussing his past relationships and making comments about the woman he got pregnant. 0120172812 (Feb. 27, 2019). Complainant initially was paid less than the other doctors at the Center, with the caveat that those doctors performed more extensive surgeries than she did. Complainant initially sought EEO Counseling regarding the Postmaster’s alleged attempts to terminate him and raised an allegation of constructive discharge in his amended complaint. Postal Serv., EEOC Appeal No. Subsequently, Complainant was issued another Notice of Removal for failure to follow instructions and unacceptable conduct. The Commission agreed with the AJ that Complainant did not allege a timely denial of promotion and indicated only that a coworker was promoted to a position for which Complainant did not apply. Complainant provided no other objective evidence of his emotional distress beyond his personal statement. Commission Increased Award of Non-Pecuniary Damages to $7,500. Commission Found No Violation of Equal Pay Act. The Commission did increase the award of non-pecuniary damages to $15,000. 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. The Commission ordered the Agency to resume processing the underlying EEO complaint from the point processing ceased. The Commission increased the AJ’s award of compensatory damages to $2,000 and ordered the Agency, among other things, to provide training to the supervisor. Complainant testified that he had difficulty sleeping, experienced stress and frustration, gained weight, feared losing his job, and experienced marital problems. Postal Serv., EEOC Appeal No. The Commission noted that “working on a particular tour” is not a class protected by the anti-discrimination statutes. When the EEOC’s last fiscal year before the November election began in October 2019, many expected that the agency would be busy completing many of its objectives to further the strategic priorities set by the new Chair of the Commission, Janet Dhillon. Complainant would then notify the Agency if he found any discrepancies, and the Agency would complete payroll adjustment. While the class complaint generally alleged that the supervisor engaged in actions that violated policies and laws, it did not provide details about the specific actions of the supervisor or how each purported class member was impacted by the conduct. The Commission affirmed the award of costs, finding that the Agency’s denial of costs associated with the hearing was proper, as was the denial of costs for online legal research which was considered overhead. 0120172609 (Feb. 15, 2019). On appeal, the Commission found that the record supported a finding of unlawful retaliation. When the audit did not resolve the matter, Complainant sought counseling again and filed a formal complaint. Lashawna L. v. U.S. On appeal, the Commission found that the record was undisputed that the Agency previously granted Complainant an ergonomic chair as a reasonable accommodation. The opinion letter states that: (1) a pattern or practice claim under section 707(a) requires allegations of violations of section 703 or section 704 of Title VII; and (2) the EEOC must satisfy pre-suit requirements such as conciliation before it can bring a section 707 case. Accordingly, because the issue of damages had not been adequately addressed, the dismissal of the complaints for mootness was improper. Because the Agency failed to meet its affirmative defense burden, the Commission found that it was liable for the harassment, and ordered the Agency, among other things, to investigate Complainant’s claim for damages. It will also pay a total of $3,705 in clothing … The record contained a signed statement from several employees who witnessed the event confirming Complainant’s description of the station manager’s conduct and that most of the employees in attendance “laughed loudly at him.”  On appeal, the Commission found that viewing the allegations together and assuming they occurred as alleged, Complainant stated a viable claim of discriminatory harassment. 0120170444 (Dec. 7, 2018), Elease S. v. Dep’t of Veterans Affairs, EEOC Appeal No. On November 28, 2016, the Director, National Complaints Team, notified Complainant’s manager, her second-level supervisor, that Complainant had initiated a complaint. Agency Improperly Dismissed Harassment Complaint for Failure to State a Claim & Untimely EEO Contact. Commission Increased Agency’s Award of Non-Pecuniary Damages to $15,000. However, the Agency did not meet its burden to show that Complainant failed to exercise reasonable diligence to mitigate those damages. 2019002360 (Apr. When the EEOC's last fiscal year before the November election began in October 2019, many expected that the agency would be busy completing many of its objectives to further the strategic priorities set by the new Chair of the Commission, Janet Dhillon. The Agency acknowledged that Complainant worked on Agency premises using Agency equipment and had served the Agency as a Licensed Practical Nurse since March 2014, which was a long duration. Therefore, the Commission found that the Agency improperly dismissed the formal complaint for untimely EEO Counselor contact. Postal Serv., EEOC Appeal No. Reasonable Accommodation Claim Improperly Dismissed as Raised in Grievance. Complainant filed an EEO complaint alleging among other things, that she was subjected to discrimination on the basis of disability (knee tendonitis) when the Agency withdrew her reasonable accommodation. Management officials looked for a way to terminate Complainant’s employment, including attacking her state license, complaining to the staffing firm, and elevating these concerns to upper management. Mui P. v. Dep’t of Veterans Affairs, EEOC Request No. Her supervisor determined Complainant’s request was not “valid” because, among other things, Complainant’s health conditions were “manageable” and episodic in nature. Further, the comparative employee testified that her responsibilities, scope of influence, and expertise were the same. The Commission affirmed the Agency’s finding that Complainant failed to prove his additional claims of discrimination. 0120170459 (May 9, 2019), Hugh B. v. Int’l Boundary and Water Comm’n, EEOC Appeal No. 2019000512 (Feb. 8, 2019). Postal Serv., EEOC Appeal No. Sharon M. v. Dep’t of Transp., EEOC Appeal No. On August 18, 2020, the EEOC held a public meeting to address a notice of proposed rulemaking containing potential substantive amendments to the Commission’s conciliation process. On appeal, the Commission found that Complainant established a prima facie case of sex discrimination, noting that Complainant was qualified for the position and one of the selectees was a female. & G.R. Further, Complainant’s past awards and performance evaluations undercut the veracity of the supervisor’s reference to such things as Complainant’s “negative demeanor,” and tendency to question assignments in a way that negatively impacted the department, for which the supervisor had no supporting documentation. While the Commission affirmed the Agency’s finding of no discrimination, the Commission sanctioned the Agency for failing to comply with its obligation to issue a final decision in accordance with its regulations. The Commission noted that any agreement between Complainant and her attorney is a private contractual matter not within the Commission’s purview. The immediate impact of this flurry of activity appears to be a substantial drop in cases filed by the EEOC. 26, 2019), Patricia W. v. Dep’t of Homeland Sec., EEOC Appeal No. Specifically, Complainant performed the same duties as a Caucasian employee but was paid less. 0120170934 (Apr. Writers: Craig Barkley, Ayana Bowman, Trevis Busteed, Larissa Davis, Robyn Dupont, Kimberly Kwan, Mary O’Rourke, Joseph Popiden, Navarro Pulley. 2019000891 (Apr. Therefore, an award of $15,000, when considering the need to adjust for inflation,  was proper. 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. Complainant stated that she felt humiliated when the object was removed. The Commission’s regulations provide that employees shall have a reasonable amount of official time, if otherwise on duty, to prepare their complaints and respond to requests for information. Summary Judgment Affirmed. The Agency dismissed the first claim as being moot, noting the matter was settled pursuant to a grievance settlement, and the remaining claims for failing to state a claim. Seyfarth Synopsis: In an EEOC-initiated lawsuit – EEOC v.LogistiCare Solutions LLC, No. On appeal, the Commission initially noted that the first 15 pages of supporting documentation reflected time spent prior to filing the formal EEO complaint, and there was no indication the entries were related to a determination as to whether to represent Complainant. Complainant Entitled to Attorney’s Fees Related to Securing Compliance with Settlement Agreement. After Complainant’s earned leave, donated leave, and Family Medical Leave Act coverage ran out, the Agency charged her with AWOL and ordered her to return to work. The Agency asserted, however, that there was no basis for imputing liability to the Agency because it took immediate and corrective actions. Wife and his diagnosis of diabetes of discrimination complaints occurred in Southern States available. The issue. ) contained evidence of harassment discrimination Improperly dismissed in part as previously Adjudicated by MSPB K.! 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