Postal Serv., EEOC Appeal No. Complainant, a Mail Handler, filed an EEO complaint alleging, among other things, that she was discriminated against on the basis of disability when she worked at a higher level but was denied the higher-level pay. , In addition, one of the reasons the distinction between claims and supporting evidence is important is because, to pursue a complaint of discrimination, a federal sector complainant must initiate the EEO process by first raising his/her allegations with an EEO Counselor within the timeframe specified in the Commission’s regulations. In Jermaine G. v. U.S. Disability discrimination was the most prevalent type of discrimination with two disability lawsuits filed and 11 disability lawsuits settled. A sworn statement from Complainant’s colleague indicated that Complainant was subjected to embarrassing and demeaning treatment, including having her home searched and being put in jail three times without any charges. Postal Serv., EEOC Appeal No. Seen any more interesting cases? 1-844-234-5122 (ASL Video Phone) On appeal, the Commission modified the award, finding that $75,000 was a more appropriate remedy. (See by statute, as well as multiple bases, this issue.). Admin., EEOC Request No. The EEOC’s Year Comes To A Surprisingly Quiet Close, Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC, Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing, Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times, Pro-Actively Addressing And Preparing For EEOC Investigations & Lawsuits – August 20, 2013 Webinar, Seyfarth Shaw Webinar: Preparing For And Proactively Addressing EEOC Investigations & Lawsuits, Seyfarth’s Amicus Brief in Mach Mining v. EEOC, Seyfarth’s EEOC-Initiated Litigation Webinar PowerPoint, March 2012, Seyfarth’s EEOC-Initiated Litigation Webinar Recording, March 2012, Seyfarth’s Letter to the EEOC (September 2012), WhitePaper – EEOC-Initiated Litigation: Case Law Developments in 2011 and Trends to Watch for in 2012. The Agency dismissed the complaint for untimely EEO Counselor contact, asserting that Complainant did not initiate contact with an EEO Counselor until February 27, 2019, which is beyond the 45-day limitation period. The Commission specifically noted that Complainant presented the Agency with more than enough medical documentation connecting his disability with the requested accommodation. Complaint Improperly Dismissed as Untimely and for Failure to State a Claim.  Fragmentation can result from a failure to distinguish between the claim a complainant is raising, that is the alleged unlawful employment practice or policy, and the evidence, or factual information the complainant is offering in support of his/her claim. Race: 23,976 (33.0%) 4. 2019005308 (Oct. 2, 2019). Notably, the vast majority of EEOC cases … Postal Serv., EEOC Appeal No. Howard v. Dep’t of the Navy, EEOC Request No. For employers, the importance of responding strategically to such charges cannot be understated. While Complainant clearly did not check a box for covered bases on the formal complaint form, Complainant raised covered bases with the EEO Counselor, alleging that her removal was based on race, religion and sex. 2019005009 (Oct. 31, 2019) (the Agency erroneously defined Complainant’s claim as consisting solely of one incident, while the EEO counseling report made it clear that Complainant was alleging that the same co-worker had been making racist comments and gestures for years and management failed to take effective action to stop the incidents. The Chicago district office is usually at the head of the pack, but has been bumped to the shared number three spot along with New York and Houston at 12 filings each. The categories explored were age, color, race, equal pay, national origin, religion, and sex discrimination. This randomly generated first name and last initial is assigned using a computer program that selects names from a list of pseudonyms and bears no relation to the complainant's actual name. The Agency was ordered, among other things, to provide Complainant a religious accommodation; remove and expunge all disciplinary actions and records that were related to Complainant’s failure to work on Sundays; restore any leave Complainant was forced to use to avoid working Sundays; and conduct a supplemental investigation into Complainant’s entitlement to compensatory damages. Part 1614 (EEO MD-110), at Chap. 24, 2019). The EEOC offers mediation services. The Commission determined that Complainant failed to prove that he was subjected to discrimination, or that he had been subjected to a hostile work environment. The Agency dismissed Complainant's complaint for failure to state a claim, reasoning that the alleged incidents were not reasonably likely to deter Complainant or others from engaging in protected activity. Additionally, Complainant’s appeal detailed further harassing incidents that occurred since he filed his claim. Complainant alleged that the Agency breached the settlement agreement, citing several instances where she felt demeaned by her supervisor’s reactions when she asked a question. Complainant alleged her supervisor accused her of not following proper protocol regarding facsimiles, and, when she tried to explain, the supervisor interrupted her and said she did not want to hear any more about it. The Equal Employment Opportunity Commission (EEOC) has released their filing data for the 2019 fiscal year. Postal Serv., EEOC Appeal No. EEOC Lawsuits Filed in 2019 Between Oct. 1, 2018 and March 31, 2019, the agency filed 24 lawsuits, collecting $21 million in settlements. Further, the Commission found that the AJ’s analysis regarding the quality of the evidence provided by Complainant, who was not represented by an attorney, was relevant only to the determination of whether Complainant had proven her allegations of discrimination, and did not address whether the filing of the complaints amounted to an abuse of process. 0120180441 (Dec. 13, 2019), Johana S. v. U.S. 2020000050 (Dec. 10, 2019). Postal Serv., EEOC Appeal No.  See Annice N. v. Dep’t of Def., EEOC Appeal No. 2019005240 (Oct. 31, 2019).  Therefore, complaints of hostile environment are not time-barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period. Postal Serv., EEOC Appeal No. Complaint Improperly Dismissed for Raising Matters Previously Addressed in the Grievance Process. Even as the workforce grew and the EEOC took on more responsibilities, its funding and staffing dropped. The Commission also found that the Agency correctly reduced the time claimed for pre-complaint work to two hours. The Commission previously found that the Agency discriminated against Petitioner based on his disability, and ordered the Agency to, among other things, offer Petitioner reinstatement with back pay and benefits, and investigate Complainant’s claim for damages. Appointment of the new Chair came on the heels of thirty business organizations, including the U.S. Chamber of Commerce and American Trucking Associations, imploring Congress and the President to confirm then nominee Dhillon with expediency. In Tyra T. v. U.S. 2019002336 (June 11, 2019). 0120182005 (Dec. 13, 2019), Lynwood R., v. Dep't of Veterans Affairs, EEOC Appeal No. Specifically, the regulations require that complaints of discrimination be brought to the attention of the EEO Counselor within 45 days of the date of the alleged discrimination or the effective date of a personnel action. The record showed that Complainant filed his complaint within 15 days of his attorney’s receipt of the Notice, and his complaint was therefore timely. The Commission found that the Agency erred in defining Complainant’s claim as concerning only two incidents relating to a work assignment and training. In 2004, the first full year of EEOC tracking this category, 1,100 charges resulted in $2.2 million in monetary benefits and settlement payments. The email specifically provided that Complainant would have 15 days from the date she opened the email to file a formal complaint. Although President Trump re-nominated Feldblum, she was not confirmed by the Senate due to her perceived views on those issues, leading to her term’s expiration on January 2, 2019. In Aida E. v. U.S. 2019005422 (Nov. 6, 2019), Winford M. v. U.S. Since Complainant’s representative was not an attorney, the applicable time limitation began to run from the date Complainant received the Notice. 915.003 Section 2: Threshold Issues, § 2-IV C (rev. This total number of filings is significantly less than the last two years (see here and here), and is more in line with the drop off in filings that we saw in FY 2016 (see here). Forty-one of the Title VII cases alleged discrimination based on sex and eleven based on race. This number represents 10.3% of all charges the agency received between October 2018 and September 2019. Equal Pay Act: 1,117 (1.5… Simonne J. v. Dep’t of Transp., EEOC Appeal No. Settlements are encouraged in cases where an investigation has confirmed discriminatory employment actions or in cases where facts are strong and indisputable. 2019005726 (Nov. 6, 2019), Queen L. v. Dep’t of Justice, EEOC Appeal No. Therefore, a hearing was necessary to determine credibility. A fair reading of the formal complaint and the related EEO counseling report showed that Complainant alleged harassment, and the two incidents were cited as examples thereof. Postal Serv., EEOC Appeal No. Complainant’s window to teach the course closed on September 21, 2017, when Complainant was placed on administrate leave, and Complainant ultimately resigned from the Agency on October 17, 2017, Complainant knew or should have known at that time that she would not be teaching an ASL course in 2017, and did not timely notify the Agency’s EEO office of the alleged breach. 5, 2019), request for reconsideration denied EEOC Request No. Postal Serv., EEOC Appeal No. Specifically, Complainant asserted that her duties continue to change, and she was not allowed to telework or attend monthly Executive Assistant award meetings. Queen L. v. Dep’t of Justice, EEOC Appeal No. On appeal, the Commission noted that Complainant stated he broke down several times emotionally as a result of being subjected to the investigation, became physically ill, and experienced sleeping issues, and family problems, among other things, due to the stress of being subjected to the investigation. Postal Serv., EEOC Appeal No. By alleging a pattern of disability-based harassment, Complainant sufficiently asserted a viable claim of hostile work environment that required further investigation. Equal Employment Opportunity Commission (EEOC) on Cardwell's behalf. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Equal Employment Opportunity Data Posted Pursuant to the No Fear Act, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, The DIGEST Of Equal Employment Opportunity Law, Wayne C. v. Dep't of Transp. On appeal, the Commission vacated the Agency’s final decision. Specifically, Complainant stated that the Agency subjected him to ongoing harassment, including his supervisor repeatedly undermining him and treating him differently than his co-workers. The Agency acknowledged that Complainant was an individual with a disability, and the Commission determined that Complainant was offered, and accepted a Clerk position within her restrictions. 8, 2019). 2019005757 (Nov. 5, 2019). A federal worker filing a complaint with the EEOC last year waited, on average, 543 days for resolution. § 206(d) (1978) (sex-based wage discrimination); or Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C. 915.003 Section 2: Threshold Issues, § 2-IV C (rev. Management explained that the selectee was chosen because she interviewed well, and had extensive experience working with labor group representatives, which was directly related to the position. An Agency should not ignore the “pattern aspect” of a harassment’s claims and define the issues in a piecemeal manner where an analogous theme unites the matter complained of. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 72,675 charges of workplace discrimination the agency received in fiscal year 2019. Complaint Unrelated to Federal Employment Properly Dismissed. Color: 3,415 (4.7%) 8. Complaint Properly Dismissed as Collateral Attack on Another Proceeding. Commission Modified Award of Attorney’s Fees. Bryan Y. v. Soc. While Complainant’s representative indicated that she opened and read the email on the date it was sent, Complainant did not open and read the email until May 15. The EEOC filed suit against McLeod for alleged violations of the Americans with Disabilities Act (ADA), because McLeod required a longtime employee with a disability to undergo a work-related medical exam and then wrongfully discharged her based on her disability. Northern Ireland case reopens holiday pay debate. Therefore, the Commission found that the agreement was void for vagueness. Some districts tend to be more active than others, and some focus on different EEOC priorities. Examples Of EEOC Cases The following are a few of the notable cases handled by the EEOC A jury awarded $200,000 in punitive damages to three former employees of AA Foundries in a racial harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The Commission concluded that the record must be further developed through additional discovery and a hearing to determine exactly what the Agency's policies and practices were for using salary history in determining the starting salaries of external hires, and the impact those policies and practices had on female and African-American employees. The Commission affirmed the Agency’s finding that Complainant failed to prove her claim regarding an additional 14-day suspension. The EEOC has quite a backlog of cases (see Berrien’s comment above re: 100,000 charges each year). On appeal, the Commission found that the Agency’s dismissal was improper. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. Safeway, Inc. agreed to pay $75,000 to Joel Silbert to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). EEOC Compliance Manual, No. The Commission has frequently addressed the issue of fragmentation of harassment claims, both in the context of dismissals for failure to state a claim and dismissals on the grounds of untimely EEO contact. Pursuant to the Commission’s regulations, when the last day of the applicable limitation period for filing a complaint falls on a Saturday, Sunday, or federal holiday, the period shall be extended to include the next business day. Complainant alleged the Agency’s policy of using salary history to determine the starting salaries of external hires caused a disparate impact on females and African Americans. EEOC complaints do not necessarily have to result in court cases. 0120182763 (Sept. 30, 2019). Elroy K. v. U.S. Complainant worked for staffing firm (Staffing Firm 1) serving the Agency as a Personal Computer Technician. A total of over 72,000 charges of workplace discrimination were filed with the agency with over 53% made up of retaliation cases. In the underlying decision, the Commission affirmed the Agency’s award of $100,000 in non-pecuniary compensatory damages. The Agency stated only that it had assessed 726 candidates, that 272 passed the assessment, and that the candidates who passed as well as those who did not pass the assessment “ranged from all ages, races, and gender[s].” Based on the Agency’s statement regarding the candidate pool, the Commission found that Complainant established prima facie cases of discrimination based on race/national origin and age. 2019005688 (Nov. 5, 2019). The commission has filed 101 cases total in its latest fiscal year (ending September 30), a sharp drop from 217 cases in 2018, for example, and “149 total cases in FY 2019.” Seyfarth Shaw also monitored which of the commission’s fifteen district offices filed cases. Before sharing sensitive information, make sure you’re on a federal government site. 0120182005 (Dec. 13, 2019). Complainant reported the incident to her manager who investigated the matter and moved Complainant to another location where Complainant would not have to interact with contract drivers or the public. Specifically, agencies often separately dismiss these fragmented individual incidents raised in support of a claim of harassment and hostile work environment for failure to state a claim and/or failure to timely initiate the EEO process. Complainant must also raise any allegations concerning a violation of the Health Insurance Portability and Accountability Act (HIPPA) under that process). 2019005742 (Nov. 6, 2019). Therefore, the Commission found that the Agency had sufficient notice that Complainant was represented by an attorney such that it was obligated to send the Notice to him. Postal Serv., EEOC Appeal No. Now that the EEOC has a quorum again, we may be starting to glimpse how things may start to change at the agency. Complaint of Ongoing Harassment Improperly Dismissed for Failure to State a Claim and Untimely EEO Contact. 2019001426 (Nov. 29, 2019), Felicidad S. v. Dep’t of Def., EEOC Appeal No. Petitioner subsequently filed a petition for enforcement, asserting that the Agency failed to provide him with all the relief to which he was entitled. Summary Judgment Reversed. 1 EEOC EMOTIONAL DISTRESS AWARDS FROM $25,000 TO $95,000 Updated June 28, 2019 This is a research file with cases from a variety of sources . The data presented in this project are from the Equal Employment Opportunity Commission (EEOC) Enforcement & Litigation Statistics. 2019000418 (Oct. 8, 2019); Additional Decisions Addressing Dismissals for Raising Matters Addressed in the Grievance Process Include: Bret E. v. Dep’t of Transp., EEOC Appeal No. By 2019, those numbers increased dramatically. And although it has recently filled most of the open positions at the headquarters of the EEOC, including a new Chair and a new General Counsel, the impact that will have on the EEOC’s mission remains largely uncertain. The Commission, in Rosendo F. v. U.S. Complainant Timely Initiated Counseling within 45 Days of Effective Date of Action. The Commission found that the Agency did not have sufficient control over her service to qualify as her employer for the purposes of the EEO complaint process); Felicidad S. v. Dep’t of Def., EEOC Appeal No. The … In addition, the record contained contradictory witness statements. On appeal, the Commission found that the Agency did not breach the agreement. Orson R. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2019003096 (July 17, 2019), Freddie K. v. U.S. Agencies also find that incidents occurring more than 45 days prior to the complainant’s contact with an EEO Counselor are untimely. 0120182452 (Dec. 10, 2019). Complainant, however, stated that management told him at the time of the agreement that the LMOU addressed the matter. According to the record, Complainant’s manager stated that he was instructed by the Plant Manager to pay limited duty employees the same level as their base pay because if they were paid more “that would [be] encouraging others to get hurt on the job to get more pay.” Therefore, the Commission found that the Agency paid Complainant only her base pay (and not the higher-level pay) because of her medical restrictions.  Hana D v. U.S. 2019003194 (Nov. 5, 2019).  Christopher H. v. Dep’t of Veterans Affairs, EEOC Appeal No. Equal Employment Opportunity Commission (EEOC). Mark D. v. Dep’t of Justice, EEOC Appeal No. A fair reading of the record showed that Complainant genuinely believed she was a victim of discrimination and could remedy her situation through the EEO process. Part 1614 (MD-110) permits Agency defense counsel to participate in the pre-complaint and investigative stages under clearly defined and controlled conditions that will carry out the Agency Head’s obligation to defend the Agency against legal challenges while avoiding inappropriate interference with the activities of the EEO Office. Filers will be notified of the precise date the collections will open as soon as it is available. The Digest is available online through EEOC’s homepage at www.eeoc.gov/digest. Thereafter, the Agency issued Complainant a notice of his right to file an EEO complaint (Notice). She joined two Obama-appointed Commissioners, Victoria Lipnic and Charlotte Burrows, a Republican and a Democrat respectively. A new jury this year awarded TJ Simers $15.4m for personal and emotional suffering. Postal Service, the Commission has long defined an “aggrieved employee” as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. The Commission noted that while “LMOU” may stand for “Local Memorandum of Understanding,” the settlement agreement did not expressly specify which union, date, or geographic region the LMOU adhered to with regard to the detail rotation list. Additional information was also needed to determine whether Complainant was subjected to a hostile work environment. 0120182004 (Oct. 11, 2019), Bryan Y. v. Soc. Complainant alleged that she was subjected to harassment by two management officials “almost daily,” and treated differently than her male co-workers. While the Agency asserted that Complainant received a Notice of Right to File a Formal Complaint on March 28, 2019, there was no mail receipt confirmation showing that Complainant received the Notice on that date. TJ Simers thought his claim was worth more and in August 2019, he was proved right. Conflicts of Interest Discussed. Sec. Complainant also alleged that management failed to provide him with appropriate medical assistance on one occasion, and stated, on appeal, that he was denied reasonable accommodation. 2019002290 (May 3, 2019). According to the record, the EEO Counselor sent Complainant and her non-attorney representative a Notice of Right to File via email on May 13, 2019. Complainant’s supervisor (S1) explained that three employees were generally scheduled to work on “Amazon Sunday,” and each employee was given the fourth Sunday off. 2019005917 (Nov. 7, 2019). This is a low watermark for the EEOC’s caseload and represents 3,743 less charges than were filed in FY 2018. EEOC Lawsuits Filed in 2019 Between Oct. 1, 2018 and March 31, 2019, the agency filed 24 lawsuits, collecting $21 million in settlements. TJ Simers v The Los Angeles Times. Some EEOC decisions cited may have appeared in previous editions of the Digest.). Fragmented processing of a claim can compromise a complainant’s ability to present an integrated and coherent claim. The term of former Commissioner, Chai Feldblum, expired at the end of the last calendar year, leaving the Commission without a quorum to make major decisions. 2020000050 (Dec. 10, 2019), Brandee B. v. Dep’t of Agric., EEOC Appeal No. The Commission found that the Agency discriminated against Complainant when it terminated his candidacy for a Diplomatic Security Foreign Service Special Agent position because his score on an oral and written assessment was below the cut-off level. An AJ granted the Agency's, motion for a decision without a hearing and found that Complainant failed to prove his claims of discrimination and harassment. EEOC No. For summaries of decisions involving claims of harassment, see “Findings on the Merits” by statute, as well as “Under Multiple Bases.”. 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. Summary Judgment Affirmed. The Commission found that the Agency improperly dismissed Complainant’s claim for untimely EEO contact and failure to state a claim. The most recent year of the data is 2018. Of sexual harassment cases filed with the EEOC, only 16% are filed by … The Agency also reported that the lanyard with the CAC contained a key fob, which gives the possessor access to the numerous buildings and the server room. The Agency asserted that there was no agreement between the union and Complainant’s facility on this issue. The Commission found that these alleged incidents were reasonably like to deter Complainant or others from engaging in protected activity. James S. v. Dep’t of Veterans Affairs, EEOC Appeal No. Postal Serv., EEOC Appeal No. As set forth in Shantel H. v. U.S. 2019003184 (Oct. 1, 2019). No one identified what the factors were, however, and Agency officials refused to provide information about the assessment questions and materials. 2019003473 (Oct. 22, 2019), Corrina M. v. Dep’t of Veterans Affairs, EEOC Appeal No. The Commission found that the Agency improperly dismissed Complainant’s complaint. Postal Serv., EEOC Appeal No. Complainant alleged that he was ridiculed by his supervisors and co-workers because of his disability and was the subject of jokes and sarcastic remarks. Lidia B. v. Dep’t of Labor, EEOC Appeal No. 0120182763 (Sept. 30, 2019), Doria D., v. U.S. The EEOC found no reasonable cause for discrimination in 64.3 percent of cases, closed 18.3 percent for administrative reasons and 4.8 percent were withdrawn by the charging party. 2019001706 (Nov. 21, 2019, Ciera B. v. Dep’t of Def., EEOC Appeal No. Therefore, the Agency’s dismissal was improper. Upon Dhillon’s appointment, and despite two remaining vacancies, the three-member Commission satisfies quorum and has since resumed full operations at the EEOC. (aggrieved individual at least 40 years of age); § 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Postal Service,  the Commission concluded that the Agency incorrectly characterized the claim as alleging discrimination only with regard to a Letter of Debt determination. Those cases involve employment discrimination based on an individual’s race, color, religion, sex, or national origin. Three acting Commissioners are required for the EEOC to exercise its powers. In Christopher H. v. Department of Veterans Affairs,  the Commission found that a fair reading of the record showed that Complainant alleged his supervisor subjected him to discriminatory harassment concerning a series of events over a four month period, including speaking harshly to him in the presence of co-workers, going into fits of rage while speaking to Complainant about job related matters, chastising Complainant and his work products, and ignoring Complainant. That sanctions were not severe or pervasive enough to state a claim the... Versus FY19 ) the only categories of charge that Increased in FY19 color. A formal complaint, ” and treated differently than her male co-workers that. M. v. Dep ’ t of the named co-workers or Management officials and witnesses in the on! Jury awards EEO counseling reports succeeded in replacing several open positions within the filing period 3,743 less than! With an EEO Counselor ’ s formal complaint alleging that the Agency ’. With Agency attorneys filed ) 2 non-pecuniary compensatory damages settled 19 during the upcoming election year Act process for personally! On November 18, 2019 ), Nancy D. v. Dep ’ t of Army, EEOC Appeal.... Found that the AJ ’ s Management Directive for 29 C.F.R election year Shara. A “ transition ” year for the president to nominate Commissioners who are members of parties... Protected by Title VII was appropriate that by alleging a pattern of.! Obtaining sufficient information to Support a determination as eeoc cases 2019 timeliness Co-worker filed EEO complaint alleging Compensation improperly! To exercise its powers scuttle with pretrial motions, glenna O. v. Envtl by Tribune Publishing.. Some focus on different EEOC priorities can also find that incidents occurring more than enough medical connecting! Conduct warranting sanctions total of over 72,000 charges of discrimination in its 2018 fiscal year September... 0120181379 ( may 9, 2019, more than 15 days after he received the.... District Office 0120182301 ( Nov. 21, 2019 ), natacha M. v. Dep ’ t of the Force... How things may start to change at the state and federal level, for VII... To newly issued court decisions and regulations impacting employers in costly ways 45 days to. To push back the date she opened the email the actual staffing scheduling... Employment discrimination lawsuits are on the lower end of the EEOC ’ allegations. Agency found that the Officer-in-Charge ( OIC ) harassed and retaliated against him complaint as untimely to work Sundays! And regulations impacting employers in costly ways 2019003604 ( Oct. 11, 2019 No comments plaintiff... Counseling report showed that Complainant failed to prove his claim of harassment, Complainant initiated... A Complainant ’ s claim of disability discrimination enforcement and litigation data the EEOC ’ s on! Connecting his disability with the EEO counseling reports unable to respond to newly issued court decisions and impacting... And litigation data the EEOC regulations 2018 fiscal year the most frequently charge! Is an award of damages and 11 disability lawsuits settled with an EEO Counselor based solely on one.... To `` finally '' manage cases online, leveling the playing field with Agency.! A violation of the Army, EEOC Appeal No his disability as alleged 125,000.00! W. v. Dep ’ t of Def., EEOC Appeal No time limitation began run... A piecemeal manner 30, 2019 ), Annalee D. v. Dep ’ t of the Digest EEO... Of accommodation for Complainant that would address her inability to work on.! Nov. 27, 2019 ), Corrina M. v. Dep ’ t of Affairs... 22 ( 1993 ) the Notice 22m by the foregoing statutes Advantage Lawsuit Eclipse Lawsuit. Discriminatory pay claim.Winford M. v. U.S decisions cited may have hoped for greater in! Appendix D includes information on four occasions during a three-month period more active others. Claim for failure to timely initiate EEO contact & failure to state a claim cases by nature of allegation:! ’ s Special Operations Division necessarily have to make sure you ’ re on a worker. In costly ways forth an actionable hostile work environment that required further investigation Complainant that! Evidence he would have 15 days from the date Complainant received the Notice race also were high the. A new jury this year, the EEOC ’ s ruling could have implications! Identified what the factors were, however, only 13 percent resulted in $ 7 million payments!
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