However, A-2 testified that no one in the country knew much about performance measures at that time. Under a de novo standard of review, the Commission concluded that it was error for an AJ to grant summary judgment in favor of complainant on an unasserted Equal Pay Act (EPA) claim, without giving the agency an opportunity to be heard. Inequality. Who Has to Prove Discrimination . 01A12839 (July 6, 2001). Since this complainthad been pending in the EEO process for several years, EEOC decided to retain jurisdiction. If you wish to receive a copy in print, you must send a request, in writing, to Arnold Rubin, EEOC, Office of Federal Operations, 1801 L Street, N.W., Washington, D.C. 20507. The FAD adopted the AJ's recommended decision and noted that the agency had met its burden of establishing that it would have taken the same actions in the absence of complainant's EEO activity. Title VII is designed to ensure that employment decisions are made based on objective, job-related criteria. Many of these employees are sincere about their complaints and worry about reprisal. 131 M Street, NE The Equal Employment Opportunity Commission (EEOC), an independent federal agency, is charged with enforcing Title VII and the other laws under which EEO complaints are brought. In finding that the agency had discriminated against complainant based on disability, the Commission drew two main conclusions. Before sharing sensitive information, make sure you’re on a federal government site. In McDowell v. Home Depot , a former employee filed suit under the ADA, alleging, among other things, that she was demoted in retaliation for complaining of discrimination … h�b``P```:�������A��X؀��aO��C'D��a���~�������eุ�l�"X�h����#��F���s�8Z7]�b�n``(��;��u�Һ~��AQJ�%�f3�)0KpD6f=`��`��i��!2�{W@v130������4�f"� :(� The record destruction, along with other cited reasons, justified sanction by imposition of an adverse inference against the agency, the Commission ruled. In most cases, the following legal framework applies to the case. Cottrell v. Department of Transportation, EEOC Request No. In our last post, we discussed how to defend non-selections from a selecting official’s perspective. Clark v. United States Postal Service, EEOC Appeal No. EEO Investigations . The Commission noted, for example, that the supervisor had not provided his employees with a statement that workplace harassment would not be tolerated until after complainant's complaint had been filed in this matter. The Commission found, however, that the agency had failed to provide complainant with an effective accommodation for his reduced vision caused by his narcolepsy. Fostering diversity and inclusion in workplaces can help avoid harassment claims. Complainant wore hearing aids and requested that co-workers look at her when they speak, as a means of accommodation. The Commission further ordered the agency to report to EEOC what disciplinary action, if any, it took against the employee; or to set forth the agency's reasons for not imposing discipline. 05A11013 (January 10, 2002). While finding the statements to be inappropriate, the Commission found they were not sufficiently severe or pervasive and unreasonable interfered with his work performance. Complainant, a Procurement Analyst, alleged disability discrimination (narcolepsy with cataplexy and vision loss) when he was denied a flextime schedule with late arrival, and was denied clerical assistance as a reasonable accommodation. In 1994, complainant filed a grievance claiming retaliation and disability discrimination regarding four recent disciplinary actions. 1. Statutory retaliation clauses prohibit any discrimination that is reasonably likely to deter protected activity. Pallante v. Department of Justice (Immigration and Naturalization Service), EEOC Appeal No. The gravamen of her complaint was that the Chief Therapist favored the comparative, the only RT on the night shift who was not African-American, by assigning only him sleep studies and informing only him about a sleep study training session. EEOC also ordered the agency to require the subordinate to attend sensitivity training, but would not require that attendance at that training be a condition of the subordinate's continued employment. The PCS indicated that the key issue was the level of supervisory control exerted over the position because complainant seemed to be operating with a level of supervision akin to a GS-8 position. Improper fitness for duty (FFD) examination. Her claim was dismissed by the agency under a reasonable suspicion standard. The disclosure warranted an award to complainant of $2,000 in compensatory damages. In this case, complainant, a GS-7 Respiratory Therapist (RT), asserted that the agency (the VA) discriminated against her on the basis of race (African-American), when she was not permitted to perform sleep studies, and was trained by a less qualified therapist from 1994 to September 1995, at the agency's Decatur, Georgia, facility. However, several of her co-workers testified that the supervisor regularly made comments concerning his sex life. Under the 29 C.F.R. %%EOF Specifically, the Commission found that "the agency's provision of an oversized monitor was not enough of an accommodation, by itself, because it did not assist the complainant in reading the handwritten comments of his supervisors." Complainant asserted that she had been subjected to sexual and/or disability-based (cerebral palsy) harassment by her first-level supervisor. The Equal Employment Opportunity Commission (EEOC… In addition, EEOC found, from background evidence, that, in October 1996, ACP had denied complainant a promotion in favor of a White male (S2) "under suspicious circumstances," when ACP granted S2 an extension of time in which to apply for the promotion (Pharmacy ADP Coordinator). 01A02572 (July 6, 2001), request to reconsider denied, EEOC Request No. Irvin v. Department of Energy, EEOC Appeal No. 1-800-669-6820 (TTY) In addition, the Commission found that the agency had not shown that it had made a good faith effort to reasonably accommodate complainant. The Commission awarded complainant monetary relief, including $30,000 in nonpecuniary damages for emotional distress. At the time this matter arose, complainant was a Personnel Assistant, GS-203-7, at the Hiawatha National Forest (HNF), Michigan, facility of the agency (Department of Agriculture). However, EEOC reversed the FAD as to the remaining claim, finding that the agency had discriminated against complainant on the bases of race and age when it denied her request for a position upgrade through a classification. Employer must give legitimate nondiscriminatory reason for actions. Among the bases of alleged discrimination was physical disability (hearing loss, obesity, and hypertension). An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who … Require [the subordinate] to attend sensitivity training on racial and religious diversity as a condition of his continued employment. 05A00283 (April 12, 2001). In its decision, the Commission pointed out that a factor in the AJ's determination was credible testimony that the agency official who handled complainant's light duty request made statements evidencing a discriminatory animus toward employees with disabilities during a light duty committee meeting. Burden of Proof. 01972786 (April 20, 2001). She also alleged that she resigned rather than yield to the agency's requirement that she convert to an excepted service "Schedule A" appointment as a condition to being exempted from the police training. However, complainant said an incident occurred while she was in the ladies' restroom that "pushed her over the edge," causing her to take action. In a discrimination complaint section 136 of the Equality Act 2010 provides that if a claimant establishes a prima facie case of discrimination the burden shifts to the respondent (usually … In addition, EEOC found that an inference of discrimination was raised when, contrary to the agency's claim, a chart listing the grade levels of GS-203 Personnel Assistants in the region; and a February 10, 1997 letter by an unidentified agency official to another regarding the agency's failure to cooperate with PCS concerning the inadequacy of the investigation into complainant's complaint; showed that there were at least two GS-203 Personnel Assistant GS-8s and one GS-9 in the region. He also averred that agency officials indicated that complainant and those who testified on his behalf were "whiners" and "crybabies." The supervisor denied complainant's claims. The counselor ensures the aggrieved is aware of the discrimination complaint process and the burdens of proof the aggrieved carries in that process. In reversing the FAD, EEOC noted that, in a nonselection case, pretext could be shown in a number of ways and not merely by establishing that complainant's qualifications were observably superior to the selectee's. With regard to the question of CPR training, the Commission directed the agency to afford complainant the same treatment as other nurses had been afforded who had not been certified, yet who were permitted to remain in their positions until they did obtain certification without being perceived as direct threats. The Commission sustained her reprisal claim, after finding the agency's explanation to be "unworthy of belief." race, color, physical/mental disability, etc.). The Commission reversed the arbitrator and found both disability and reprisal discrimination. Who Has to Prove Discrimination . Anthony v. Department of the Navy, EEOC Appeal No. The Commission agreed with the agency that the grievance decision was not a "final decision of the agency" because complainant had the right to submit his grievance to the next level. Li v. Department of the Navy, EEOC Appeal Nos. Stone v. Department of the Treasury (Bureau of Public Debt) EEOC Request No. For example, it is unlawful to retaliate against applicants or employees for: filing or being a witness in an EEO charge, complaint, investigation, or lawsuit communicating with a supervisor or manager about employment discrimination… Title VII applies to employers with fifteen or more employees and requires that all employees or applicants for employment be treated equally with respect to the bases protected by the statute. Employees can file retaliation complaints if they feel they have been treated differently, and worse, than co-workers based on their protected activity in filing an initial complaint, but the burden of proof is still on the complainant, who will likely be subject to the same increased stress level that was associated with the initial complaint. Box 315, Trenton, NJ 08625. EEOC held that such treatment, when engaged in by management, was reasonably likely to deter the charging party or others from engaging in protected activity. 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. Complainant's supervisor agreed to have his own clerical assistant type and incorporate the changes of his supervisors. 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