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FAILURE TO PROVIDE COMPLANT FILE WARRANTS DEFAULT JUDGEMENT

Case name: Smithv. Social Security Administration, 112 LPR 20002 (EEOC 04/11/12) Federal EEO Advisor 08/2012

What it means: An agency’s failure to respond to the EEOC’s repeated requests for a complaint file and hearing records over a two-year period can result in a default judgment in favor of the complainant as a sanction.


BOP’S FAILURE TO APPLY POLICY UNIFORMLY SHOW RETALIATION

Case name: McFaddenv. Department of Justice, Federal Bureau of Prisons, 112 LRP 19160 (EEOC OFO 04/04/12) Federal EEO Advisor 08/2012

What it means:  An agency’s explanation that its policy requires it to investigate unprofessional conduct is not a legitimate reason for adverse action where it selectively investigates such conduct.


VA’s REQUIREMENT FOR MEDICAL TESTS REVEALS SE DISCRIMINATION

Case name:  Brackett v. Department of Veterans Affairs, 112 LRP 19003 (EEOC OFO 04/03/12) Federal EEO Advisor 07/2012

What it means: If an agency’s male employees are permitted to return to full duties when they are released by their private doctors, but a female employee with a release to return to full-duty work from her personal physician is required to submit to additional tests, the agency may be in violation of Title VII.


DOJ MANAGEMENT'S ADVICE EXTENDS EEO COUNSELOR CONTACT DEADLINE

Case name:Cole v. Department of Defense, National Geospatial-Intelligence Agency, 111 LRP 56775 (EEOC OFO 07/26/11) Federal EEO Advisor 12/2011

What it means:The 45-day time limit for initiating EEO counselor contact may be extended for an employee of an agency contractor who is advised that the agency EEO process is not for her.


AGENCY LIABLE FOR SUPERVISOR DISCUSSING SORTER'S EEO COMPLAINT

Case name:Caterro v. U.S. Postal Service, 111 LRP 56764 (EEOC OFO 08/12/11) Federal EEO Advisor 12/2011

What it means:An agency management official openly discussing an employee's EEO compliant is behavior that is reasonably likely to deter that employee and others from engaging in the EEO process.


SUPERVISOR'S INSTRUCTION TO WORK BURNT MAIL NOT DISCRIMINATION

Case name: Tedana v. U.S. Postal Service, 111 LRP 54345 (EEOC OFO 08/01/11)  Federal EEO Advisor 12/2011

What it means:  A complainant does not have a viable claim for discrimination if his supervisor instructs him to work outside his restrictions, then before he does so, tells him not to.


DISCRIMINATORY EMPLOYMENT TEST ENTITLES APPLICANT TO AWARD

Case name: Jones v. Social Security Administration, 111 LRP 54707 (EEOC OFO 08/02/11) Federal EEO Advisor 12/11

What it means:It is unlawful for an agency to use qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability unless the standard, test, or other selection criteria is shown to be job-related for the position and is consistent wit business necessity.


VA'S FAILURE TO MEDIATE DOESN'T STATE CLAIM

Case name:Johnson v. Department of Veterans Affairs, 111 LRP 59785 (EEOC OFO 08/26/11) Federal EEO Advisor 12/11

What it means:  An Agency's failure to mediate complaints in and of itself does not state an actionable claim.  While the EEOC encourages the use of alternative dispute resolution, participation in mediation is voluntary and requires the consent of both parties.