While the Agency relied upon a “core” document for the particular grade level, the Commission agreed with the AJ that the document was of little value due to its interdisciplinary nature, applying to a wide range of positions. The proposed Manual is open for public comment until December 17, 2020, after which the EEOC will take those comments into consideration before publishing the finalized updated Compliance Manual. Complainant waited until November 15, 2018, two days after the fifteen-day limitation period, to file his complaint. As prior Commission decisions have noted, cancellation of a job vacancy announcement generally does not render an applicant aggrieved. Complainant blacked out the portion of the document that indicated it was confidential and subject to a protective order. 0120171305 (Dec. 21, 2018). 0120170811 (June 11, 2019). 0120181917 (Aug. 27, 2019). Agency Improperly Dismissed Harassment Complaint for Failure to State a Claim & Untimely EEO Contact. Complainant, a City Carrier, filed an EEO complaint alleging that the Agency subjected him to harassment on the bases of national origin, disability, and reprisal with respect to several claims, including the issuances of a Letter of Warning and a denial of a transfer. As a result, Complainant’s physician recommended that she telework from home full-time with proper accommodations because the “mobility, distance, time of actions and travel required” for Complainant to work in the office all exceed her current medical limitations. 0120172829 (Nov. 28, 2018), Carolyn M. v. U.S. 0120180246 (Mar. On appeal, the Commission found that the Agency improperly dismissed the complaint for untimely EEO Counselor contact. Therefore, the Commission found that Complainant provided sufficient justification to excuse the brief delay in filing her complaint. 0120173008 (Feb. 27, 2019). 0120170811 (June 11, 2019), Yvette H. v. Dept. 2019000800 (July 2, 2019), Bettyann B. v. Dep’t of Veterans Affairs, EEOC Appeal No. EEOC v. HP Pelzer Auto. 0120171997 (Mar. info@eeoc.gov On appeal, the Commission determined that Complainant was subjected to sexual harassment from 2011 until late November 2013, when the coworker made various comments of a sexual nature and engaged in crude acts. 0120170934 (Apr. 0120180717 (Aug. 22, 2019). FY 2020 has shaped up to be a year of whirlwind change at the EEOC. Viable Reprisal Claim Stated. Postal Serv., EEOC Appeal No. ... 2020, … Commission Affirmed Denial of Class Certification. The Agency found that Complainant was subject to discrimination when it failed to reasonably accommodate Complainant’s physical and mental disabilities in a timely manner. After the Agency agreed to the date Complainant requested and completed the audit and route adjustments, Complainant was not due back pay but instead owed the Agency. Complainant alleged he developed Type II diabetes following the discrimination and submitted articles attempting to show that, because he had no family history of diabetes and was not overweight, the diabetes was caused by the stress from the discrimination. To the contrary, as the Commission has previously held, it is particularly important, when the physical safety of Complainant and his coworkers is the subject of discussion, for Complainant to have access to the information being conveyed. The Commission also ordered the Agency, among other things, to pay Complainant $125,000 in proven compensatory damages and appropriate back pay. She is a strong advocate with a focus on LGBTQ+ issues. 0120180058 (Sept. 6, 2019), Joshua F. v. Dep’t of Veterans Affairs, EEOC Appeal No. Complainant alleged that the Agency subjected her to discrimination based on race and in reprisal for prior EEO activity when she was harassed during the New Intelligence Analyst Training (NIAT), and constructively discharged from NIAT on October 15, 2018. The provisions of the agreement were routinely required and provided no different obligations than those typically expected by an Agency employee. The Commission increased the award to $65,000 on appeal, finding that Complainant’s statement, along with that of a supporting witness, established that for an extended period, the Agency’s failure to accommodate Complainant caused her to experience physical discomfort/pain, deterioration of her medical condition, emotional distress, loss of enjoyment of life, and negative impacts on familial relationships. 0120172935 (Feb. 26, 2019). In harassment cases, the Commission has generally found that an agency may not involuntarily transfer or reassign the victim of the harassment, and the agency should instead transfer or reassign the harasser. Moreover, the Commission has consistently held that use of internal agency procedures, union grievances, and other remedial processes does not toll the time limit for contacting an EEO Counselor. The Lilly Ledbetter Fair Pay Act provides that an unlawful employment practice occurs with respect to discrimination in compensation each time wages, benefits, or other compensation is paid. Finally, on September 3, 2020, the EEOC issued an opinion letter regarding the Commission’s interpretation and enforcement of § 707(a) of Title VII, which authorizes the EEOC to sue employers engaged in a “pattern or practice” of discrimination. The Commission reversed the Agency’s dismissal of Complainant’s complaint for failure to state a claim. 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