eeo case update

EEO Case UpdateDon Names

Transgender Status States Claim under Title VII

Day v. USPS, EEOC Appeal No. 0120122376 (2/19/13)

EEOC reiterates its holding in Macy v. DOJ that claim of discrimination on basis of transgender status states a claim of gender discrimination.

No HarassmentFeces Happens!

Hillyer v. Interior, EEOC Appeal No. 0120093623 (8/16/12).

Supervisor places feces on employee’s chair.

EEOC finds action “highly inappropriate,” but not due to protected status or prior EEO activity.

Sex-Based Harassment

Leggett et al v. USPS, EEOC Appeal No. 0720110039 (7/12/12)

Group of women were subjected to harassment on basis of sex by co-worker, resulting in total damages of $428,000.

Class Complaint PrevailsGarcia v. DOJ (DEA), EEOC Appeal No. 0120122033 (6/7/13)

Class of female Special Agents found to be discriminated against in selection for foreign assignments.

Att’y fees top $1,000,000! Ka-ching!!

Sanction on Appeal

Tsosie v. Interior (BIA), EEOC Appeal No. 0120081612 (8/31/12)

EEOC sanctions agency for failure to submit ROI on appeal, resulting in finding of hostile work environment on bases of sex and retaliation.

Reasonable Accommodation DeniedBlocher v. VA, EEOC Appeal No. 0120111937 (1/31/13)

Agency assertion that supervisors may not telework not sufficient to support denial of request for accommodation.

Agency Fails to Engage in Interactive Process

Underwood v. SSA, EEOC Appeal No. 0720120001 (1/18/13)

Agency fails to engage in interactive process after receiving medical report with diagnosis and request for accommodation.

Failure to Reassign to Light Duty a Violation

Abeijon v. DHS, EEOC Appeal No. 0120080156 (8/8/12)

Agency denial of reassignment to light duty found unlawful when complainant could not perform essential functions of current job.

Denial of Reasonable Accommodation

Pitts v. USPS, EEOC Appeal No. 0120130039 (3/13/13)

Denial of administrative leave for employee with kidney disease when restrooms were not working found to be unlawful.

No Duty to Accommodate Employee’s Family Member

Davis v. Interior (BIA), EEOC Appeal No. 0120123517 (2/12/13)

Rehabilitation Act does not require accommodation for spouse of federal employee who was not a federal employee or applicant.

Compensatory Damages

Spence v. NRC, EEOC Appeal No 0120093196 (9/13/12)

Agency award of $100,000 for delay of 2 years in providing reasonable accommodation of telework affirmed by EEOC.

Compensatory Damages

Austin v. VA, EEOC Appeal No. 0120112574 (7/19/12)

EEOC awards $100,000 in damages for extreme emotional distress resulting from denial of reasonable accommodation.

Compensatory Damages

Bennett v. USPS, EEOC Appeal No. 0120121982 (4/19/13)

EEOC awards $2,500 for technical violation of confidentiality provisions of Rehabilitation Act (medical information improperly released).

Compensatory Damages

Carter v. VA, EEOC Appeal No. 0120122266 (10/18/12)

$500 damages award for per se violation of anti-retaliation provisions of Title VII, taking into account agency actions and harm.

Compensatory Damages

Zehe v. NASA, EEOC Appeal No 0120113282 (3/26/13)

“Outright denial” of telework as a reasonable accommodation deprives agency of “good faith” effort exception to damages award.

Compensatory Damages

Rathore v. DOD (Defense Security Service), EEOC Appeal No. 0120114330 (2/14/13)

Agency’s failure to provide interpreter in 4 of 11 requests did not constitute “good faith” efforts to avoid damages.

Compensatory Damages

Donahoe v. USPS, EEOC Appeal No. 0120120185 (3/14/13)

EEOC awards $18,000 in damages for depression following discriminatory removal (Hispanic), but denies compensation for loss of home.

No Improper Disclosure of Confidential Medical Info.

Debacker v. DOJ, EEOC Appeal No. 0120120307 (1/24/13)

Commission finds agency acted lawfully when EAP counselor notified security that complainant was suicidal and had access to firearm.

No Improper Disclosure by EEO Investigator

Davis v. Treasury, EEOC Appeal No. 0120102597 (6/21/12)

Release of description of disability (recovering alcoholic/addict) to co-worker witnesses during EEO investigation not a violation.

Medical Files Taken Home Violate Confidentiality

Gray v. USPS, EEOC Appeal No. 0120121846 (9/10/12)

Postmaster who kept complainant’s medical records in closet at home violated confidentiality provisions of Rehabilitation Act.

Improper Disability-Related InquiryBozeman v. USPS, EEOC Appeal No. 0120120923 (5/3/13)

Pre-employment inquiry by selecting official regarding complainant’s medical restrictions violates Rehabilitation Act.

Improper Disability-Related InquiryUchtman v. USDA, EEOC Appeal No. 0120110532 (2/27/13)

Supervisor’s question as to what type of medication complainant was taking found to be unlawful under Rehabilitation Act.

Fitness for Duty Exam

Sanders v. USPS, EEOC Appeal No. 0120130214 (4/3/13)

No violation of restrictions on disability related medical exams when complainant posed direct threat due to medical condition.

Race Discrimination Found

Broomfield v. Treasury, EEOC Appeal No. 0720110038 (3/26/13)

Police Officer at Denver Mint subjected to disparate treatment and hostile work environment due to his race (African American).

Race-Based Harassment

Bryant v. Interior (Park Service), EEOC Appeal No. 0120091468 (8/31/12)

EEOC finds complainant subjected to racial harassment and agency was liable due to failure to take prompt and appropriate corrective action.

Per Se Retaliation

King v. International Boundary and Water Commission, EEOC Appeal No. 0120112384 (3/19/13)

Supervisor informing co-workers of complaint reasonably likely to deter protected activity.

That’s All Folks!

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