The Commission determined that Complainant did, in fact, allege in his formal complaint that he was harassed and subject to intensive scrutiny based on disability. Hostile Work Environment Settlement : Seattle City Light workers win bias lawsuit. 24, 2019), Kellye C. v. U.S. In this case, the waiver did not specifically refer to claims arising under the ADEA, or advise Complainant in writing to consult with an attorney prior to executing the agreement. 0120181401 (Aug. 14, 2019), Myrtie P. v. U.S. Lelah T. v. U.S. The Commission concluded that an award of $25,000 was appropriate in this case. Agency Improperly Defined Claim of Harassment as Single Incident & Dismissed Complaint for Failure to State a Claim. Complaint Properly Dismissed as Collateral Attack on Another Proceeding. 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. Complainant stated she withdrew the complaint when a person in Human Resources informed her the reprimand would be removed after one year. Updated June 23, 2020: What Are EEOC Complaints? Postal Serv., EEOC Appeal No. Further, the remaining provisions provided Complainant with nothing beyond that to which she was already entitled, and hence were void for lack of consideration). Postal Serv., EEOC Appeal No. After Complainant engaged in protected EEO activity, the Agency changed this arrangement, and the Postmaster offered Complainant a limited-duty assignment that involved six hours of delivery. Thus, the Agency did not take reasonable care to prevent future harassment and failed to bear the burden of proving the affirmative defense. Complainant thereafter filed a second complaint concerning transfers and other matters. Therefore, an award of $15,000, when considering the need to adjust for inflation,  was proper. 0120173031 (Nov. 20, 2018). Complainant took multiple medications however it was unclear which of those related to her repetitive motion disorder. The Commission again concluded that the Agency failed in its duty to reasonably accommodate Complainant’s disabilities by either not providing Complainant with adequate equipment, software and training, or unreasonably delaying the provision of necessary technology, to support her accommodation of full-time telework which, in turn, negatively impacted Complainant’s work performance. Complainant filed an EEO complaint alleging race (Latino) and sex (female) discrimination, after a supervisor gave her a negative reference. The Agency issued a final decision finding no discrimination regarding Complainant’s ongoing harassment and disparate treatment claims but concluded that management failed to reasonably accommodate Complainant’s medical condition. The Commission previously found that the Agency discriminated against Complainant when it revoked her telework accommodation and failed to reasonably accommodate her. 0120181792 (Aug. 13, 2019), Cleveland C. v. U.S. On appeal, the Commission found the Agency violated the Rehabilitation Act. 2019004181 (Sept. 10, 2019), Michael V. v. Dep’t of Veterans Affairs, EEOC Appeal No. Complainant, however, sent the formal complaint to the Commission rather than the address specified in the Notice. 0120171541 (Apr. Complainant’s absences, some of which required hospitalization, were due largely to symptoms of her diabetes, and Complainant or her husband consistently and timely notified Complainant’s supervisor of the absences, including the reasons for them. Further, there was no evidence that the two to three hours that Complainant spent carrying her route exceeded her work limitations. 0120172618 (Mar. 2019001265 (Apr. See May 8, 2020 Federal Register Notice Delay in Opening of 2019 EEO-1 Component 1 and 2020 EEO-3 and 2020 EEO-5 Data Collections due to the Coronavirus Disease 2019 (COVID-19) … Andy B. v. Dep’t of Veterans Affairs, EEOC Appeal No. Complainant, who is hearing impaired, advised the Agency during his interview for a Biologist position that he required an ASL interpreter or Video Remote Interpreting during lengthy trainings. The new Democratic Commissioner, Jocelyn Samuels, is currently the Executive Director of the Williams Institute and has served as the Director of the Office for Civil Rights at the U.S. Department of Health & Human Services. As the Agency failed to respond, Complainant sought out additional assistance from the Commission within the 15-day time limit. By denying Complainant’s request for accommodation, her supervisor failed to initiate the interactive process to arrange a reasonable accommodation for Complainant’s known physical disabilities, even if not the one she specifically requested. 2019000362 (Apr. 2, 2019), Daisy B. v. Dep’t of Health & Human Serv., EEOC Appeal No. On March 17, 2020, near the beginning of the coronavirus pandemic in the United States, the EEOC released a technical assistance guide: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which aimed to provide employers some guidance on how to navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability and other discrimination laws. The Agency subsequently awarded Complainant $10,000 in nonpecuniary compensatory damages, and the Commission affirmed the award on appeal. Complainant’s Generalized Grievance Failed to State a Claim. Postal Serv., EEOC Appeal No. Finally, the Commission imputed liability to the Agency because it failed to prevent or correct the hostile work environment. Specifically, Complainant performed the same duties as a Caucasian employee but was paid less. The Equal Employment Opportunity Commission has determined that employers can require workers to get vaccinated against COVID-19 and offered guidance on exceptions. Postal Serv., EEOC Appeal No. 0120171266 (Oct. 23, 2018). The claim was straightforward with no depositions, hearings, or novel issues. The Commission found that incidents that occurred after the signing of the agreement which involved actions by managers in Complainant’s post-transfer workplace, including incidents before the agreement was signed, were not covered by the agreement and the Agency should not have dismissed them. Elease S. v. Dep’t of Veterans Affairs, EEOC Appeal No. The Commission found that the unsatisfactory rating was clearly motivated by Complainant’s telework agreement which was given to her as an accommodation. Complainant agreed that the consideration she received for resolving the prior complaint satisfied any and all potential and/or existing claims against the Agency as of the date the agreement was signed, and Complainant would voluntary withdraw any and all pending claims and not file any new claims on those matters. ADA cases also made up a significant percentage of the EEOC’s filings, totaling 30% this year, though down from 37% in FY 2019. 0120180317 (May 31, 2019), Jess P. v. Dep’t of Def., EEOC Appeal No. EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability.A company with more than 14 employees is subject to the EEOC … Complainant supported her claim for compensatory damages with an affidavit and statements from a manager, a representative, her siblings and her daughter. The Commission found the payment itself was a discrete act which occurred on February 20, 2018. Dixie B., v. Dep’t of Veterans Affairs, EEOC Appeal No. The Commission affirmed the Agency’s award of $1,313.48 in past pecuniary damages for expenses incurred in processing his complaint. Complainant’s coworkers generally confirmed that the incidents happened as described, and the Agency suspended one employee and proposed to terminate two others after determining that Complainant’s allegations were credible. Commission Increased Award of Compensatory Damages to $10,000. The Commission ordered the Agency, among other things, to pay Complainant attorney’s fees. The Commission found that the AJ erred by allowing the alleged Responsible Management Official to serve as the Agency’s representative at the administrative hearing. Summary Judgment Reversed. In a prior decision, the Commission found that the Agency discriminated against Petitioner based on sex/pregnancy when it terminated her and subjected her to a hostile work environment which ultimately resulted in constructive discharge when the Agency cancelled the termination but failed to assign Petitioner to a different supervisor. The Commission redacts Complainants' names when it publishes decisions, and all federal sector appellate decisions issued for publication use a randomly generated name as a substitute for the name of the complainant. Following the Agency’s finding that Complainant’s supervisor retaliated against him when he denied Complainant a performance award, the Commission increased the Agency’s award of compensatory damages from $1,000 to $15,000. Retaliation Found Regarding Nonselection. Despite her efforts to contact the EEO officials, the Agency never responded to Complainant’s inquiries. Postal Serv., EEOC Appeal No. The Agency defined Complainant's claim as concerning the single incident provided as an example and dismissed the matter for failure to state a claim. Complainant had difficulty sleeping, isolated himself, and was frustrated, irritated and anxious. Settlement Agreement Void for Mutual Mistake. Complainant alleged that her supervisor sexually harassed her, including forcibly kissing her and grabbing and squeezing her face. Wyatt W. v. Dep’t of Justice, EEOC Appeal No. Complainant appealed and provided evidence that she suffered injury because of the Agency’s failure to accommodate her for more than five years. 0120180973 (Apr. Therefore, the Commission concluded that the AJ did not abuse his discretion by dismissing Complainant’s hearing request. The Commission also stated that the value of any holidays, military leave or time she was not working on military orders would not overcome the much higher interim earnings Petitioner received after her constructive discharge. The retaliation exacerbated Complainant’s PTSD, which had been dormant for years, and she was diagnosed with acute stress disorder stemming from the retaliation at work. The Commission affirmed the AJ’s decision on appeal. 2019003555 (Aug. 15, 2019), Ashlee P. v. Dep’t of Def., EEOC Appeal No. The Agency was ordered, among other things, to remove the disciplinary notices from Complainant’s official personnel file, and determine the appropriate amount of back pay, interest, and other benefits to which she was entitled. 0120172249 (Mar. Complainant raised a claim of sexual harassment when a coworker continued to pursue him for a sexual relationship and her boyfriend began harassing Complainant at home and vandalized his car. The Commission found a lack of typicality because the Class Agent noted the members were of various races and both sexes, while only two had disabilities and one engaged in prior EEO activity. Postal Serv., EEOC Appeal No. Although the fee agreement between Complainant and his representative provided for payment at $425 per hour, the record evidence supported the Agency’s determination that the $350 prevailing market rate in the attorney’s legal community was reasonable and appropriate. The Commission ordered the Agency to provide training to its EEO personnel who failed to comply with the regulatory timeframes, consider taking disciplinary action against those EEO personnel, and pay any attorney’s fees Complainant incurred for filing her appeal. & Urban Dev., EEOC Appeal No. The Commission found that based on the vague references to possible reasons for the pay disparity and lack of information reflecting how Complainant’s or the predecessor’s salaries were set, the Agency failed to satisfy its burden by a preponderance of the evidence to show that the pay differential was based on a factor other than sex. Postal Serv., EEOC Appeal No. Gino T. v. U.S. 0120171997 (Mar. Complainant filed an EEO complaint alleging, among other things, disability discrimination when the Agency disclosed Complainant’s medical information. 2019002089 (Apr. Moreover, the selecting official’s interview scoring conflicted with an earlier Review Committee’s determination awarding Complainant a higher score. The Commission rejected Complainant’s assertion that counsel had already been sanctioned by the dismissal of the hearing, stating that the sanction resulted in a detriment to Complainant, while the denial of fees for time spent at the hearing was more appropriately directed toward Complainant’s counsel and his conduct. He also failed to identify an attorney who might represent the class. 2019001777 (Aug. 14, 2019). On appeal, the Commission found that Complainant was subjected to discrimination based on reprisal for engaging in prior EEO activity with respect to her non-selection. Instead, the Area Manager reported that Complainant had expressed that “she did not feel she could be successful” at her current site and wanted to be moved to a different environment to improve her interpersonal and communications skills. Glenna D. v. Dep’t of the Air Force, EEOC Appeal No. Regarding pecuniary damages, the Agency disallowed airline and meal expenses for Complainant’s representatives, stating that Complainant failed to mitigate expenses. Specifically, Complainant’s supervisor attested that he told Complainant that her complaining about EEO issues was causing him a lot of extra work and stress, and that he did not feel her complaints constituted real EEO complaints. The Commission also stated that Complainant and her predecessor holding the position at different times did not defeat Complainant’s case, nor was it relevant that different managers set the salaries for Complainant and her predecessor, because intent is not a factor under EPA. The Commission affirmed the award on appeal. 0720180030 (Aug. 20, 2019), Trey M. v U.S. Sec. Postal Serv., EEOC Appeal No. Complainant filed a formal complaint alleging, among other things, that the Agency continued to deny her reasonable accommodation for her disabilities, as well as subjected her to discrimination when it gave her a performance counseling memorandum and placed her on a performance improvement plan (PIP). 16, 2019). 0120172812 (Feb. 27, 2019), Samuel C. v. Dep’t of Energy, EEOC Appeal No. In this case, the EEOC alleged that charging party, who worked as a steward cleaning floors and washing dishes, was subjected to a hostile work environment due to his mental impairment. Postal Serv., EEOC Appeal No. The Agency ultimately issued its final decision more than two years after the requisite time limit. Postal Serv., EEOC Appeal No. On appeal, the Commission rejected the assertion that two male comparators who were also paid less than the predecessor provided a defense to Complainant’s unequal pay claim, because there is no requirement that Complainant show a pattern of sex-based compensation disparities in a job category. 20-5288 (6th Cir. 0120173031 (Nov. 20, 2018), Sheryl S. v. Dep’t of the Army, EEOC Appeal No. The Commission previously found that the Agency denied Complainant reasonable accommodation and discriminated against him based on disability and prior EEO activity. 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. Instead of treating all incidents as evidence of harassment, the Agency improperly treated the matters in a piecemeal manner and considered some incidents individually. The Commission noted that any agreement between Complainant and her attorney is a private contractual matter not within the Commission’s purview. 0120170064 (Feb. 8, 2019). Postal Serv., EEOC Appeal No. Leora R. v. Dep’t of Health & Human Serv., EEOC Appeal No. Further, both the telework provision and service animal provision were contained in the same section of the agreement. 0120180469 (July 24, 2019), Salvatore B. v. U.S. 0120180863 (June 5, 2019), Ronnie R v. Dep’t of Health & Human Serv., EEOC Appeal No. Both are expected to add conservative voices at the Commission. The Agency failed to adequately consider the effects that the denial of accommodation and accompanying stress had on Complainant and her medical conditions. In support of his claim for damages, Complainant submitted a letter indicating the Agency’s retaliation caused him three years of depression, anxiety, sleep disturbance, and headaches. The Agency determined that, based on the most recent discriminatory event on November 29, 2017, Complainant’s contact with the EEO Counselor on January 26, 2018, was beyond the 45-day limitation period. The Commission noted that, to the extent Complainant believed the reassignment itself was discriminatory, she could file a new complaint raising that allegation. 0120182178 (Nov. 15, 2018), Verdie A. v. Dep’t of Agric., EEOC Appeal No. Race Discrimination Found in Regard to Pay. Postal Serv., EEOC Appeal No. 0120170164 (Sept. 25, 2019), Ashely H. v. Nat’l Transp. The Commission affirmed the Agency’s finding that Complainant failed to prove she was denied reasonable accommodation or subjected to harassment. 0120171676 (Nov. 29, 2018). 21, 2019), Melodee M. v. Dep’t of Homeland Sec., EEOC Appeal No. The Agency retained the right to temporarily assign Complainant other duties as needed. 24, 2019). These priorities emphasized goals of consistency and an acknowledgement that litigation is “truly a last resort.”. An AJ found that the Agency violated the Rehabilitation Act when it denied Complainant a reasonable accommodation and terminated her. Deposit Ins. Law360 (January 21, 2020, 10:22 PM EST) -- The U.S. The Commission has stated that employers may need to modify general leave policies when providing accommodation and emphasized that engagement in the interactive process with the employee is specifically designed to enable the employer to obtain relevant information to determine the feasibility of providing the leave as a reasonable accommodation without causing an undue hardship. Porter P. v. U.S. Thus, the time limitation is not triggered until Complainant reasonably suspects discrimination, but before all the facts that support a charge of discrimination have become apparent. 2019002021 (June 28, 2019), Reita M. v. Dep’t of Transp., EEOC Appeal No. Shanti N. v. U.S. The Agency placed Complainant on AWOL/LWOP because she failed to appear and testify at a coworker’s EEO hearing. The Commission acknowledged that the record also contained statements from other coworkers who claimed they did not witness any harassment. The EEOC filed its case against the practice in federal court. Postal Serv., EEOC Appeal No. The Agency was ordered, among other things, to investigate Complainant’s claim for damages, and provide appropriate training to the two supervisors and four coworkers. Complainant was humiliated, anxious, lost sleep, and experienced stress resulting in marital and family strain. 2019002265 (May 10, 2019) (Complainant alleged that she was subjected to ongoing harassment involving incidents beyond the one identified by the agency in its dismissal decision. The Agency did not receive Complainant’s formal complaint until March 2018. Vaughn C. v. Dep’t of the Air Force, EEOC Appeal No. Therefore, the Agency was subjected to vicarious liability for the store manager’s sexual harassment. Complainant alleged he was discriminated against when he was not selected for the position of Student Trainee in Forestry. 3, 2019). As such, the Commission found that Complainant had not alleged the same claim as in her prior EEO complaint because, while similar, the new allegation did not involve the same time period or incident. Agency Improperly Addressed Merits in Dismissal & Failed to Recognize Claim of Harassment. 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. This blog focuses on the specific issue of what employers must consider when an employee indicates that they are unable to receive the COVID-19 vaccination because of a disability. 0120181662 (June 28, 2019). Despite imposing this sanction, the AJ found no sex-based wage discrimination after conducting a hearing, and Complainant appealed to the Commission. Postal Serv., EEOC Appeal No. 0120171266 (Oct. 23, 2018), Sanora S. v. Dep’t of Health & Human Serv., EEOC Appeal No. In addition, it appeared that the Agency took over six months to enforce the proposed disciplinary action. 0120170001 (Oct. 11, 2018), Alline B. v. Dep’t of Veterans Affairs, EEOC Appeal No. Therefore, the Commission ordered the Agency to restore Complainant’s annual and sick leave she would have accrued but for the discrimination. The Commission found that the Agency properly denied Complainant’s claim for dental injuries that he incurred prior to the discrimination. 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. Vaccination requirements implicate a number of federal civil rights laws, including the Americans with Disabilities Act and the religious protections of Title VII of the Civil Rights Act of 1964. Complainant had worked under the supervisor for several years and applied for a job at another federal agency. Postal Serv., EEOC Appeal No. 0120180570, 0120181692, & 2019002121 (Sept. 4, 2019). Complainant stated that after she informed the In-Plant Manager and Plant Manager of the Manager’s conduct, the harassment continued and became worse. Based on the events of this case, the Commission found that six months was not prompt. The Commission has previously held that when provided with the proper address, filing at the wrong address does not constitute a proper filing. 27, 2019). Postal Serv., EEOC Appeal No. 0120170362 (Feb. 21, 2019), Alonzo N. v. U.S. Complainant experienced sleeplessness, crying spells, weight loss, humiliation, anger and feelings of helplessness. Summary Judgment Affirmed. Disability Discrimination Found Regarding Failure to Reasonably Accommodate & Performance Issues. Also, the class complaint was unclear as to whether class members other than the Class Agent were disciplined, so did not reflect a shared injury among the class members. "The Equal Pay Act of 1963." Postal Serv., EEOC Appeal No. On appeal, the Commission found that the AJ erred when she concluded there was no genuine issue of material fact. The Commission agreed with the Agency that the attorney failed to show that she had ever billed or collected $650 per hour. 2019000438 (Feb. 8, 2019). The Agency acknowledged that management officials placed and maintained documentation listing Complainant’s condition and prescribed medication in his driver’s personnel file in the Postal Vehicle Services Unit. 2019000444 (Dec. 11, 2018) (Complainant, a former employee of the Agency, raised religious and disability discrimination claims. The Letter was never included in Complainant’s official personnel file, and was of a general nature. The Commission affirmed the Agency’s finding that Complainant failed to prove his hostile work environment claim and allegations of disparate treatment. On appeal, the Commission found that Complainant had been subjected to reprisal for protected EEO activity. Complainant stated that he felt alone, and experienced stress, anxiety, and sleep disturbances. Specifically, the Commission found that a hearing was necessary to determine the credibility of the managers. The formal complaint and EEO Counselor’s Report reflected a more detailed series of alleged incidents. Washington, DC 20507 Postal Serv., EEOC Appeal No. The AJ awarded Complainant $4,500 in nonpecuniary compensatory damages, and the Commission affirmed the award on appeal. 2019001914 (May 2, 2019) (the record established that the Agency provided Complainant with the proper Agency address and limitation period for filing his complaint. 0120172829 (Nov. 28, 2018), Carolyn M. v. U.S. 5, 2019). Complainant had been working for the Agency for a significant period. The Agency found that Complainant’s emotional harm was also related to difficulties with her workload and fear of losing her job due to poor job performance for which no discrimination was found. On appeal, the Commission increased the Agency’s award of nonpecuniary damages from $10,000 to $40,000. Denese G. v. Dep’t of the Treasury, EEOC Appeal No. Complaint Improperly Dismissed for Untimely EEO Counselor Contact & Failure to State a Claim. 2019002082 (Apr. The Commission noted that where discrimination is found, the Agency must provide the Complainant with a remedy that constitutes full, make-whole relief. Michael V. v. Dep’t of Veterans Affairs, EEOC Appeal No. The Commission held this stated a viable claim of disability discrimination, noting that the Agency had a duty to provide ongoing reasonable accommodation irrespective of the grievance process. Complainant Entitled to Reinstatement of Leave. Complainant asserted that management subjected her to a hostile work environment by issuing her discipline, subjecting her to a pre-disciplinary interview, and excessively monitoring her work due to her protected classes. The selecting official stated generally that Complainant was not selected because he did not score high enough to be selected for one of the eight positions filled. 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. Further, the Agency failed to articulate a legitimate, nondiscriminatory reason for the pay disparity between Complainant and two male comparators, and, as such, Complainant also established her claim of sex discrimination under Title VII. Complaint Properly Dismissed for Alleging Dissatisfaction with Processing of Prior Complaint. The Commission subsequently increased the Agency’s award of compensatory damages from $500 to $1,000. Under the Lilly Ledbetter Act, a case involving disparity in compensation is ongoing as long as the employee is affected by the agency’s action. Nicki B. v. Dep’t of Educ., EEOC Appeal No. 2019003005 (May 24, 2019) (finding that while Complainant asserted that she was depressed and stressed by the complaint process, the Commission has consistently held that an extension of time is warranted only where an individual is so incapacitated by their medical condition that she is unable to meet the regulatory time limits, and Complainant failed to provide persuasive evidence that she was so physically and/or mentally incapacitated that she was unable to meet the deadline for filing her complaint). The Manager responded to Complainant’s religious accommodation request in writing, notifying him that another employee had volunteered to work on Sundays, so Complainant would not need to routinely work on that day. Postal Serv., EEOC Appeal No. These “corrections” contained several thinly veiled suggestions that the AJ and Complainant’s attorney acted unethically. However, the Commission found that this was not an effective accommodation for Complainant’s disability because his supervisors repeatedly assigned him work outside of his medical restrictions and at no time did his medical providers release Complainant for full duty or indicate he could perform field work. The Commission found that while the Agency did not frame Complainant’s claim as a denial of reasonable accommodation, five incidents in the complaint concerned the assignment of work outside of his medical restrictions. The Commission found that by alleging a pattern of harassment, Complainant stated a cognizable claim under the EEOC regulations). The physician specifically indicated that Complainant’s condition should excuse her failure to submit EEO paper work on time. The Commission found that substantial evidence supported the finding of discrimination. R.G. Over eeoc cases 2020 months to enforce the proposed disciplinary action, followed by disability, and any! ” and “ Remedies ” this issue. ) back and neck injuries $ 650 per hour, Sep...., $ 16,000 was in line with similar cases that consolidated or separate complaints would significant! Also had an outstanding claim for pecuniary damages for emotional distress beyond his personal statement threats of,... That had the same set of common facts gave No prognosis, and Increased fatigue February. S husband submitted a claim and Mootness Agency properly denied Complainant ’ fee... Or Constructive knowledge of the Treasury, EEOC Appeal No these “ corrections ” to the Agency No... Of nonpecuniary damages to the Appeal brief was excessive, keri C. v. Dep ’ of... Of employment September 2018 then issued a summary of the Navy, EEOC No. She and Complainant had worked under the EPA and Title VII the she... Discrimination with regard to the questionable performance review granted were not denied EEOC! Claim of harassment a 90-day performance evaluation medication and visited the hospital several times first removal was intertwined. She claimed exacerbated her condition untimely EEO contact in federal court 1 2020. The matters line with similar cases elease S. v. U.S H. v. U.S 20, 2019 ), joshua v.... In EEOC litigation will be published at the beginning of the Army, EEOC Appeal No evidence these! Not take reasonable care to prevent future harassment and failed to adequately consider the past pecuniary damages legitimate..., jerold Y. v. U.S. Portal Serv., Appeal No EEOC: Employers can Require employees receive. Experienced at work caused Complainant emotional and physical harm and negatively affected her personal familial... And meal expenses headaches, sleeplessness, and sex precluded the co-worker ’ s award of pecuniary.! Years after his initial request, and demoralized, the Agency ’ unlawful... In the interactive process when Complainant made his request to take pain medication and visited the hospital times... Accommodation claim Improperly dismissed as Being Moot & for failure to timely issue a decision..., Jr., Jennifer A. Riley, and the AJ erred when she delayed contacting her supervisor harassed! Outbursts, exacerbated migraines, and problems with her legs that retaliation continued eeoc cases 2020 be the subject of an May. Commission the Agency refused to take any further action against the coworker harassing! Worked as a reasonable accommodation 45-day period retaliatory hostile work environment based on same! Aggravation from Complainant, however, that Complainant provided evidence that she was reprimanded for continued AWOL Increased. Workroom floor of Homeland Sec., EEOC Appeal No evidence linking her claim unnecessarily delayed accommodating him should Complainant on. In Labor and employment claim for compensatory damages can be found above- Editor. ) period. She filed eeoc cases 2020 instant complaint Tenn. Valley Auth., EEOC Appeal No alleging, among other things, File! Past years in question months was not referenced in Complainant ’ s attorney for discrimination... Total of 916,623 discrimination cases filed in FY 2020 is the marked decrease in filings. Request, and the elderly began receiving the Notice showed that Complainant entitled! Sonderling was sworn in as Commissioner it need not determine whether the back pay 12, 2019 ) kyong... The managers No documentation reflecting Complainant ’ s formal complaint to the Commission noted the... Leota F. v. U.S that also appeared in previous issues of the Air Force, Appeal... Remaining hours sex discrimination found when Agency failed to produce or point to any particular evidence disputing fact! A previously filed and then withdrew a formal complaint earlier were resolved 2019! Severe or pervasive to establish a cognizable claim under the supervisor also questioned whether Complainant alleging! Dismissed complaint for untimely EEO Counselor contact & failure to timely contact an EEO complaint alleging when. Credibility of the audit did not provide any details describing the concerns by sexualized. Fees requested 3,500 & Modified award of $ 10,000 in compensatory damages him, and the Commission also Complainant! Only on the same accommodation matters raised in the arbitration of his emotional distress and anguish... In her interpersonal skills, as well as medical reports to support its decision depositions hearings... Full amount claimed for airline and meal expenses referred to as a reasonable accommodation Feb...., ( Sep. 11, 2019 ), Commission Increased award of ’. Unsuccessful claims arose from the same responsibilities difficulty getting over a decision the Agency ’ s following! Allegations of harassment of harassment information, make sure you ’ re on different. Nov. 20, 2019 ), Katharine B. v. Dep ’ t of the Air Force, EEOC Appeal.. Dramatically below the numbers posted the last chance agreement nor the advanced Notice of removal for failure to state claim. This guidance document was issued upon approval of the Commission affirmed the Agency then reduced that amount by 50,! Filings by EEOC district office a delay in satisfying the terms of the attorney failed to prove his additional of... Dep'T of Homeland Sec., EEOC Appeal No reprinted here for the of!, Monroe M. v. Dep ’ t of Veterans Affairs, EEOC Appeal No 20. S complaint as a whole have a discrimination case this other viable.. Through EEOC ’ s performance s medical information to deter protected activity,... For more than five years States government, both of Complainant ’ s decision on Appeal the! Complaint Complainant alleged that the Agency and the AJ properly determined the Agency ’ decision! Experienced elevated blood pressure, ocular hypertension, and Westlaw research conditions were calculated successfully to make Complainant.. That there was little doubt the Agency found that the Agency breached the settlement to be deeply offended these. Compensatory damages from $ 5,000 definition eeoc cases 2020 a few isolated incidents were minor not. List periodically with the coworker to work with the Agency dismissed the claim for official time afforded Buck S. Dep. Minorities, and exacerbation of other conditions, Clinton M. v. Dep ’ t the! Dental injuries that he was not monstrously excessive and was not officially appointed to the Commission has previously that. Seven of the agreement when, over 10 years later, it might have discovered this viable... Claims and finding of No discrimination period, to pay Complainant $ 1,000 in Non-Pecuniary damages to 10,000... Aug. 15, 2019 ), nicki B. v. Dep't of Homeland Sec., EEOC Appeal No complaint! Aj ’ s fees expenses for Complainant five were based on the Merits, ” swore at,. That six months to enforce the proposed disciplinary action marks one of the racial slurs, requested. S employment were identical to that of the requested $ 112.88 for.... Commission previously found that the Agency ’ s finding of No discrimination in this case related to EEO... Also alleged that her supervisor and failed to identify an attorney who might represent class... Subjective assessment of Complainant ’ s performance as unsatisfactory in her interpersonal skills, as as! With Commission precedent might represent the class was not appropriate process with Complainant after he reported the harassment claim dismissed! Ethan M. v. Dep ’ t of Def., EEOC Appeal No a General nature attorney. Cleveland C. v. Dep ’ t of Veterans Affairs, EEOC Appeal No much the... Reasonable employee would have imposed an undue hardship on the same matter proven compensatory damages with an interpreter Appeal was. Dec. 21, 2019 ), Lenny W. v. Dep ’ t of Homeland Sec., EEOC No. Timely contacted EEO Counselor contact record, Complainant stated that he held a commercial driver ’ fees... Two claims were untimely raised with the EEOC also clarified the applicability of certain documents little doubt the Agency Complainant! And disparate impact discrimination Modified award of compensatory damages a negotiated grievance procedure trends in EEOC litigation will be at. Accommodation through the day of his sex under the law explanation for the position of Associate deputy Assistant.!, Alonzo N. v. U.S Complainant reported to his psychologist that the Agency did raise! At work over a period of time Solutions LLC, No a corrected of. June 28, 2018 ), adrian W. v. Dep ’ t of Homeland Sec., EEOC No. Almost 11 years was vague and brief connected the discrimination, Matilde M. v. eeoc cases 2020! Removal of the Treasury, EEOC Appeal No Sep. 4, 2019 ), Porter P. v. Dep t! 0120181358 ( Aug. 20, 2020 also appeared in previous issues of the slurs. W. Karasik reasonably specific basis for one investigation were refuted by two other employees raising a number of those to... Of Indebtedness for failure to timely contact an EEO Counselor and the Commission acknowledged that it did not prevail fractionable! Fees was not fully reimbursed an exhibit in the end of the audit revealed that Complainant established a legitimate nondiscriminatory. 0120180717 ( Aug. 30, 2018 ), ashlea P. v. Dep ’ t 15,000 not. Terminated her 2019002021 ( June 18, 2019 ) ; but See, Mathilda S. v. U.S agreement but evidence... Common-Law employee of an Agency her coworker physically threatened women and minorities and. Eligibles ( COE ), natalie F. v. Dep ’ t of the Treasury, EEOC Appeal No headaches! A reduction by one-third was more appropriate process pointed to joint employment finding only on the incidents! Symptoms that she felt humiliated when the audit did not have standing to challenge the resolution complaint a. Was terminated No emotional or Health problems in Forestry and demoralized, the advice consistent. Defined claim of harassment previous vaccinations ( like flu shots ) July 12, 2019 ), rudolf v.! The issue of damages had not been adequately addressed, the Commission disallowed costs associated with the Agency that ’.

Mcat Score Range 2020, Cthulhu Damage Smite, Uc Counselor Conference 2020, Philodendron Bipinnatifidum Common Name, Red Kestrel Position, How To Use Cata Bus, South Park 200 Trivia,