EEO Case Update
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Transcript EEO Case Update
Don 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 Harassment
Feces 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 coworker, resulting in total damages of
$428,000.
Class Complaint Prevails
Garcia 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
Denied
Blocher 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 coworker 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 Inquiry
Bozeman 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 Inquiry
Uchtman 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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