Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Passman & Kaplan Wins Major Reversal in Discrimination and Reprisal Case

In OFO Appeal No. 0120073300, decided on December 18, 2009, the U.S. Equal Employment Opportunity Commission (EEOC), Office of Federal Operations, overturned an administrative judge’s decision finding that a federal employee had not presented sufficient evidence of discrimination, and dismissing the case without a hearing. The employee claimed that he had suffered harassment by his employing agency based on his race, sex, and color, and in reprisal for reporting this poor treatment. On appeal, the EEOC found that not only had the judge below erred in granting a decision without a hearing, but also that the employee had presented direct evidence of discrimination. The EEOC ordered that the case proceed to a hearing where the agency will now have to meet a much higher standard to show that its actions were not discriminatory. 

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