More than make-whole relief. 01975665 (October 14, 1999), RTR denied, EEOC Request No. 05A10136 (April 16, 2001). On appeal, the Commission affirmed the FAD, with the exception of the FAD's determination regarding claim (1). Accordingly, the Commission determined that complainant was not entitled to personal relief, but might be entitled to declaratory relief, injunctive relief, attorney's fees and costs. Woodley v. United States Postal Service, EEOC Appeal No. 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 on a company hotline only one day before the … If reporting a complaint to any of the persons set forth in paragraphs 2 through 4 above presents a conflict of interest, the complaint may be filed directly with the Division of EEO/AA, P.O. Issues concerning termination and discharge ordinarily fall within MSPB's jurisdiction. The Commission noted that at least five RTs had filed EEO complaints against the Chief and cited a decision in which it found racial discrimination when the agency denied that complainant the opportunity to conduct sleep studies. Material facts at issue. From the very beginning, one of the things that you must remember is a concept called the burden of proof. 01A04996 (July 6, 2001). An AJ granted complainant's request to withdraw for 90 days her request for a hearing. DM was responding to managers' reports that the poor performance of the facility was due, in part, to complainant's constantly filing grievances, requests for information, and EEO activity, which prevented them from focusing on the agency's mission. The record destruction, along with other cited reasons, justified sanction by imposition of an adverse inference against the agency, the Commission ruled. Complainant asserted that she had been subjected to sexual and/or disability-based (cerebral palsy) harassment by her first-level supervisor. Williams v. United States Postal Service, EEOC Appeal No. DISCRIMINATION OCCURRED? Noting that complainant's evidence must be believed at the summary judgment stage, and all justifiable inferences must be drawn in her favor, the Commission found that the attitude of an official, reflected in a memorandum that he wrote, could indicate that complainant was subjected to a hostile work environment based on discrimination. 05A11013 (January 10, 2002). Phones at her work station contained hearing amplified ear pieces. 2008), the U.S. First Circuit Court of Appeals reversed a district court's decision which ruled against a plaintiff by, among other things, making various errors in law, and using the Judge's own opinion as to management's reasons for the adverse actions. 05990158 (November 23, 2001). 01973755 (September 11, 2000). It was also this official who the Commission noted had referred to Black employees as "boy." Continuing violation doctrine explained. As part of the relief ordered, EEOC directed the agency to conduct sensitivity and EEO law training for DM and S1. Dotson v. Department of Veterans Affairs, EEOC Appeal Nos. 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. At the time of her hiring, complainant weighed 291 pounds and had dual hearing loss. 05960266 (August 10, 2000). The Commission also provided other relief including ordering retroactive placement in a permanent Electronics Mechanic position. 01A13076 (July 30, 2001). The Commission also rejected the agency's assertion that special needs positions, such as the Reader position in this case, are not included in the class of positions available for reassignment under the Rehabilitation Act. The Equality Act 2010 prohibits unlawful discrimination. On appeal, the Commission found overwhelming evidence in the record that the supervisor routinely made offensive, sexually-oriented comments in the workplace, and stated that "not only were a number of these comments directed at complainant, but it is clear that the comments were unwelcome to her." Direct evidence found. Under the circumstances, the Commission stated, given the acrimonious relationship between complainant and the interpreter, the interpreter's apparent lack of ability, and the interpreter's personal involvement in most of the events at issue, the accommodation could hardly be said to be effective. With regard to the issue of complainant's nonselection, the Commission found that the Chief of Pharmacy (CP), and the Assistant Chief of Pharmacy (ACP) who had chaired the PSB, averred that the selectee (S1) had 27 years of experience to complainant's 10. 01976056 (August 23, 2001). Parker, Jr. v. Department of the Navy, EEOC Appeal No. The agency averred that the Professional Standards Board (PSB), which had determined complainant's salary, was not aware complainant had been paid more at her prior agency position in Michigan and that complainant had accepted the agency's offer in Biloxi. Citing the Supreme Court's decision in St. Mary's Honor Society v. Hicks, the Commission found no basis to set aside the AJ's decision, and ordered the agency, inter alia, to retroactively promote complainant. The Commission ordered compensatory damages, and also ordered the agency to promptly insure that the training policies at issue in this case were in compliance with the Rehabilitation Act. endstream endobj 553 0 obj <. 01996244 (October 4, 2001). The co-worker yelled at the supervisor, asking what he was doing. Therefore, EEOC concluded that complainant had established that S1's overscrutiny was partially motivated by discriminatory animus. Evey v. Department of Veterans Affairs, EEOC Appeal No. There are some important differences between the EEO complaint process and the Sexual Orientation Discrimination Complaint Process. The burden of proof ultimately rests with the aggrieved person at -step process utilized by the EEOC and the courts when deciding if discrimination occurred or not. Flores v. United States Postal Service, EEOC Appeal No. Whitmire v. Department of the Air Force, EEOC Appeal No. 611 0 obj <>stream A week later, B-1 changed his mind and recommended C-1. In DeCaire v. Mukasey, 07-1539 (1st Cir. The supervisor entered the restroom in search of the custodian. The Commission found that complainant was able to perform the essential functions of her position when she was removed, noting her 1994 "Satisfactory" performance appraisal and her previous successful ratings for 12 years. The disclosure warranted an award to complainant of $2,000 in compensatory damages. He had not been selected for supervisory and other positions. The AJ determined, after observing the demeanor of A-2 and B-1 as they testified, that they were not persuasive. Complainant raised a claim of discrimination in a negotiated grievance proceeding. It was also noted that his condition improved considerably during those periods when the agency accommodated complainant by assigning him to the day shift for several months at a time. In this instance th… proof of a legitimate motive without additional evidence insufficient... 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