While these guidelines will undoubtedly change as more information becomes available, the advice is consistent with previous vaccinations (like flu shots). The system requires the charge number and the zip code of the Charging Party. The immediate impact of this flurry of activity appears to be a substantial drop in cases filed by the EEOC. Therefore, the Commission concluded that Complainant established that she was subjected to EPA and Title VII violations. Agency Liable for Sexual Harassment. The Commission noted that Complainant reasonably suspected he was the victim of unlawful discrimination long before he sought counseling, and the suspicion motivated him to file a Freedom of Information Act (FOIA) request in October 2017. For the better part of the last 25 years, the EEOC’s Fiscal Year ended with a predictable spike in last-minute lawsuits; August and September filings often eclipsed the entire rest of the year combined. Total monetary benefits obtai… Complainant alleged that beginning on December 31, 2012, she was denied a reasonable accommodation consisting of a flexible Alternate Work Schedule (AWS) and the ability to move her lunch break to minimize her leave usage. Commission Modified Award of Attorney’s Fees. ADA.gov. The AJ issued a summary decision finding no discrimination. Postal Serv., EEOC Appeal No. Viewing all of the alleged incidents collectively, the Commission found that Complainant set forth an actionable claim of harassment. Although the total number of filings is down across the board, when considered on a percentage basis, the distribution of cases filed by statute remained roughly consistent compared to FY 2018 and 2019. The EEOC’s current general counsel, Sharon Gustafson, is a Trump-appointed attorney who represented the plaintiff in a landmark pregnancy discrimination case; her term runs until 2023. Request for Additional Attorney’s Fees Denied. This period was not referenced in Complainant’s formal complaint. The Commission noted that the AJ sanctioned Complainant due to the conduct of her counsel by dismissing the hearing. 0120180949 (June 13, 2019). The Commission noted, however, that the denial of accommodation was the primary claim, and modified the Agency’s reduction in fees to 30-percent for the unsuccessful portion of the complaint. 2019000512 (Feb. 8, 2019), Wyatt W. v. Dep’t of Justice, EEOC Appeal No. Patricia W. v. Dep’t of Homeland Sec., EEOC Appeal No. The Commission found that the Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner, and when it delayed his promotion. Therefore, the Agency properly disallowed fees for time spent at the hearing. The Commission found that the Agency violated the Rehabilitation Act when four coworkers were able to access Complainant’s confidential medical records without a valid business-related reason for doing so. The Agency retained the right to temporarily assign Complainant other duties as needed. The Commission affirmed the AJ’s award of past pecuniary damages, as well as nonpecuniary damages in the amount of $200,000 based on statements from coworkers and two psychologists confirming that Complainant experienced loss of appetite, weight loss, back pain, flashback and nightmares, migraines, extreme irritability with suicidal thoughts, panic attacks, and insomnia. Further evidence demonstrated that the Security Specialist perceived Complainant’s medical condition to be a risk, in the absence of evidence to support that conclusion. The Commission reversed the Agency’s dismissal of the complaint, finding that the Agency improperly limited the scope of Complainant’s harassment claim to incidents occurring after she notified the Agency of the coworker’s behavior. Marybeth C. v. Dep’t of Health & Human Serv., EEOC Appeal No. 2019002562 (Aug. 16, 2019), Irvin C. v. Nat’l Archives & Records Admin., EEOC Appeal No. Specifically, Complainant failed to follow safety procedures when she delayed contacting her supervisor to report an accident. The agency also received 7,514 sexual harassment charges that made up 10.3% of all charges and a 1.2% decrease from FY 2018. 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. Postal Serv., EEOC Appeal No. Complainant filed a formal EEO complaint alleging, among other things, discrimination based on disability (chronic migraines and fibromyalgia) when the Agency denied her request for accommodation. 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. 2019002994 (May 24, 2019); Additional Decisions Addressing Collateral Attacks Include:  Al W. v. Dep’t of the Treasury, EEOC Appeal No. 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. Britany N. v. U.S. 0720180007 (Dec.11, 2018), Pamala L. v. U.S. Commission Found Sufficient Evidence that Agency Qualified as Joint Employer. 0120172563 (Nov. 8, 2018), Nicol K. v. U.S. It will also pay a total of $3,705 in clothing … To remedy the discrimination, the Commission ordered the Agency, among other things, to determine Complainant’s entitlement to compensatory damages, and expunge the performance counseling memorandum and the PIP from Complainant’s personnel file and other official Agency records. Complainant alleged that the Agency breached the agreement when, over 10 years later, it transferred her to another unit. Before it can go into effect, the EEOC must review the public comments it has received (deadline for submission was November 9, 2020), develop the … The supervisor also questioned whether Complainant conducted herself in a safe manner while delivering mail. 2019002341 (June 26, 2019), Julius P. v. Dep’t of the Air Force, EEOC Appeal No. Complainant did not sign the agreement. The Commission initially affirmed the dismissal, but on reconsideration found Complainant’s counselor contact timely. While race claims are often the … Commission Increased Award of Nonpecuniary Damages to $50,000. In the present complaint Complainant alleged the Agency failed to update her equipment for her accommodation. Complainant’s family observed Complainant’s dramatic change in appearance, chronic insomnia, fatigue, tension headaches and nervousness and her daughter stated Complainant became preoccupied with problems at work, leaving her anxious and depressed. Other family members and friends indicated that Complainant became anxious, depressed, despondent and withdrawn, and his relationship with his husband suffered as a result. Jerold Y. v. U.S. Portal Serv., EEOC Appeal No. 2019000352 (Nov. 29, 2018), Reggie D. v. U.S. The Commission concluded that the Agency’s award of $10,000 was sufficient to address the harm Complainant suffered and was consistent with decisions in comparable cases. Agency Improperly Dismissed Complaint for Stating Same Claim Raised Previously. 3, 2019). 2019002265 (May 10, 2019), Tyra T. v. U.S. As a result, Complainant’s physician recommended that she telework from home full-time with proper accommodations because the “mobility, distance, time of actions and travel required” for Complainant to work in the office all exceed her current medical limitations. Management asserted that it began its internal investigation at that time. Darius C. v. U.S. The Agency also improperly dismissed 2 claims for untimely EEO counselor contact, because the incidents that make up a hostile work environment claim collectively constitute one unlawful employment practice, so that the entire claim is actionable, as long as at least one incident occurred within the filing period). 0120172935 (Feb. 26, 2019), Carroll R. v. Dep’t of the Navy, EEOC Appeal No. Complainant provided medical documentation establishing her emotional and physical condition at the beginning of the discriminatory period. 0120181917 (Aug. 27, 2019). The Commission noted that Complainant could not receive duplicative relief under the EPA and Title VII. Complaint filed an EEO complaint alleging that she was subjected to sexual harassment by her manager (“Manager”); and, on June 23, 2014, the Agency retaliated against her when it cancelled her detail to an Acting Manager position. As always, we will keep abreast of EEOC data amid the ever-changing political milieu, and share lessons learned from FY 2020 to carry employers through the new year. Complainant alleged he was discriminated against when he was not selected for the position of Student Trainee in Forestry. 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 settlement agreement provided nothing more than what Complainant was already entitled to as an employee of the Agency, namely to be treated with respect and dignity. Safety Bd., EEOC Appeal No. Complainant challenged the Agency’s assertion that he was not officially appointed to the position of Associate Deputy Assistant Secretary. Law360 (January 21, 2020, 10:22 PM EST) -- The U.S. In addition, it appeared that the Agency took over six months to enforce the proposed disciplinary action. She also alleged the Agency summarily denied her request for an ergonomic chair and frequently relegated her to the least desirable assignments such as working in the lobby. The Commission affirmed the AJ’s decision on summary judgment finding that the Agency did not deny Complainant equal pay because of her sex under the EPA. Race Discrimination Found in Regard to Pay. 0120180469 (July 24, 2019). by Mr. Beverly B. Bates. The Commission reversed the Agency’s dismissal of Complainant’s complaint for failure to state a claim. Mercedez A. v. Dep’t of Agric., EEOC Appeal No. Sec. Complainant Subjected to Hostile Work Environment Based on Race & Color. Complainant filed a formal EEO complaint alleging that the Agency denied him reasonable accommodation and discriminated against him when it terminated him from employment. Equal Employment Opportunity Commission issued much-anticipated guidance regarding the COVID-19 vaccine as it pertains to the workplace. A fair reading of Complainant’s complaint showed that Complainant alleged that he was placed on new performance measures because of his race. Such priorities included continuing to provide excellent customer service; continuing to provide robust compliance assistance to employers, enhancing efforts to reach vulnerable workers; strategically allocating Commission resources; and continuing the EEOC’s efforts to be a model workplace. 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. Further, the remaining provisions provided Complainant with nothing beyond that to which she was already entitled, and hence were void for lack of consideration). The system is available to individuals who have open charges that were filed with EEOC on or after September 2, 2015. The Agency found that it breached a settlement agreement between the parties and stated that Complainant was entitled to attorney’s fees. 0120173008 (Feb. 27, 2019). 0120172637 (Mar. December 19, 2020. Those numbers at least – when considered on a percentage basis – are in line with the numbers we have seen the last few years, possibly indicating less of a shift in priorities than expected from the agency’s new leadership under Chair Dhillon. 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 Commission affirmed the AJ’s award of $62,750 in compensatory damages based on statements from Complainant’s girlfriend and mother that Complainant became despondent, depressed, anxious, did not attend to his physical health, took up cigarettes and alcohol, lost hope, and gave up pursuing custody of his child. Postal Serv., EEOC Appeal No. Complainant, her spouse, son, and daughter submitted sworn statements attesting that Complainant experienced social withdrawal, disengagement from family, depression, anxiety, nightmares, sleeping problems, a fear of being fired, and the aggravation of her physical condition, among other symptoms, as a result of the Agency’s failure to accommodate her medical condition. The Commission concluded that the Agency did not meet its burden of showing that Complainant’s termination from his prior employment would have resulted in an unfavorable suitability determination. 2019001777 (Aug. 14, 2019), Vasiliki B. v. Dep’t of Agric., EEOC Appeal No. The Commission concluded that by alleging a pattern of harassment, Complainant had stated a cognizable claim under the EEOC regulations);  Rosie T. v. U.S. 0120181401 (Aug. 14, 2019), Myrtie P. v. U.S. The Commission found that the Agency properly awarded attorney’s fees in the amount of $13,720 for 39.2 hours of work performed at an hourly rate of $350. This too is fairly typical. Despite the Agency’s indication that another employee would take on the regular Sunday assignment, the Agency still required Complainant to come to work on three consecutive Sundays to attend training, as well as indicated that he would be expected to work some Sundays as a backup to the other employee. 0120170064 (Feb. 8, 2019), Becki P. v. Dep’t of Transp., EEOC Appeal No. Afton C. v. Dep’t of Homeland Sec., EEOC Appeal No. The Agency was ordered, among other things, to investigate Complainant’s claim for damages, and provide appropriate training to the named management officials. Postal Serv., EEOC Appeal No. 0120180058 (Sept. 6, 2019). Every worker has a right to a safe, fair work environment, and if you are facing any type of unfairness, mistreatment, or unlawful behavior in regards to your gender, nationality, or any other characteristic, you may have a discrimination case. Postal Serv., EEOC Appeal No. 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. Jermaine G. v. U.S. Complaints of discrimination and bias in the workplace were highest in Alabama (62.2 complaints per 100,000 residents), Mississippi (60.8), Arkansas (51.7), and Georgia (50.3). 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 Commission found an award of $200,000 was neither monstrously excessive nor the product of passion or prejudice and was consistent with prior EEOC precedent. The Commission noted that Complainant’s accounts of the coworker’s conduct were largely documented in emails and corroborated by several coworkers who attested that Complainant reported the conduct at the time of the incidents. 0120171997 (Mar. 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. Background. Postal Serv., EEOC Appeal No. Therefore, the Agency’s dismissal was improper. Complainant failed to produce or point to any particular evidence disputing such fact. If, however, a complainant alleges that the vacancy announcement was cancelled for a discriminatory motive, such that the announcement was cancelled in order to avoid giving the complainant a position, it does state a claim. Reasonable Accommodation Claim Improperly Dismissed as Raised in Grievance. 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). 2018000063 (May 2, 2019); Eugenia C. v. Dep’t of the Navy, EEOC Appeal No. 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. In contrast, the female comparator employee, who received a lateral reassignment into the position of Chancellor of the Agency’s Acquisition Academy, had entirely different job duties, including leading the design, development and delivery of competency-based training for the Agency’s acquisition workforce, and developing/implementing Agency-wide acquisition workforce training policies, programs, and practices for employees. Non-Class Member Lacked Standing to Challenge Class Settlement. Admin., EEOC Appeal No. This had a material effect on the agreement, and there was no evidence that either party knew of the possible outcome when the agreement was executed. Agency Improperly Addressed Merits of Claim in Dismissal. Irina T. v. Dep’t of Veterans Affairs, EEOC Appeal No. Commission Modified Award of Attorney’s Fees. 0120181309 (Aug. 30, 2019), Lenny W. v. Dep’t. 0120181158 (May 9, 2019), Monroe M. v. Dep’t of Transp., EEOC Appeal No. The Agency was ordered, among other things, to investigate Complainant’s entitlement to compensatory damages and provide 16 hours of training to the supervisor. 0120181789 (Aug. 20, 2019). Postal Serv., EEOC Appeal No. The Commission further determined that the Agency subjected Complainant to a hostile work environment, and subjected Complainant to disparate treatment discrimination when it terminated him. Although the Agency took effective corrective action, upon review, the Commission found that the Agency’s action was not prompt. The case, filed on behalf of a 50-person class, quickly settled for approximately $625,000. Complainant also stated that she developed suicidal thoughts. Agency Violated Rehabilitation Act by Allowing Access to Confidential Medical Records & Making Impermissible Medical Inquiry. Therefore, Complainant was entitled to the full amount claimed for airline and meal expenses. The Class Agent cited several bases for the claim, including race (“various”), sex (“both”), disability (distressed heart and sleep apnea) and reprisal. Denese G. v. Dep’t of the Treasury, EEOC Appeal No. 0120181917 (Aug. 27, 2019), Jaleesa P. v. Dep’t of Veterans Affairs, EEOC Appeal No. Postal Serv., EEOC Appeal No. The Commission affirmed the Agency’s finding that Complainant was entitled to $1,000 in compensatory damages related to one incident of reprisal. In a press release issued by the EEOC on December 14, 2020 regarding the case, a Regional Attorney for the EEOC’s Philadelphia District Office, Debra M. Lawrence, explained that “pregnancy discrimination continues to be a persistent problem in the American workforce, and the EEOC will continue working to prevent and remedy such discrimination.” In commenting on the case, the … 0120180317 (May 31, 2019), Jess P. v. Dep’t of Def., EEOC Appeal No. The Commission affirmed the Agency’s dismissal of claims concerning her position description and training for failure to timely contact an EEO Counselor. Therefore, although the claim concerned a previously-filed complaint, the essence of the claim was whether the Agency denied Complainant a reasonable amount of official time. Margeret M. v. Dep’t of Veteran Affairs, EEOC Appeal No. In increasing the award, the Commission noted that Complainant stated he had been denied accommodation for two years at the time of the hearing. The Equal Employment Opportunity Commission has determined that employers can require workers to get vaccinated against COVID-19 and offered guidance on exceptions. 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