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Congress continues to pressure the EEOC because of its growing backlog of unresolved discrimination cases. The Commission found that contrary to the manner in which the Agency identified the formal complaint in the final decision, the instant formal complaint and EEO Counselor’s report reflected a more detailed series of alleged incidents. Postal Serv., EEOC Appeal No. 2019005742 (Nov. 6, 2019). While Complainant’s representative indicated that she opened and read the email on the date it was sent, Complainant did not open and read the email until May 15. The most noticeable trend of FY 2019 is the marked decrease in coast-to-coast filings that we have seen compared to past years. Therefore, the Commission found that the Agency had sufficient notice that Complainant was represented by an attorney such that it was obligated to send the Notice to him. Of sexual harassment cases filed with the EEOC, only 16% are filed by … Fragmentation is the breaking up of a complainant's legal claim into separate factual allegations or incidents. EEOC Lawsuits Filed in 2019 Between Oct. 1, 2018 and March 31, 2019, the agency filed 24 lawsuits, collecting $21 million in settlements. Additionally, Complainant’s appeal detailed further harassing incidents that occurred since he filed his claim. This number represents 10.3% of all charges the agency received between October 2018 and September 2019. 2019003976 (Nov. 6, 2019), Joanna G. v. Dep’t of the Navy, EEOC Appeal No 2019003599 (Oct. 30, 2019), Archie D. v. Tenn. Valley Auth., EEOC Appeal No. Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. The Commission denied Complainant’s request for pecuniary damages. At the time of publication of this blog posting, the EEOC had filed 149 total cases in FY 2019, which includes 141 merits lawsuits and 8 subpoena enforcement actions. Therefore, Complainant stated a viable claim. 0120182763 (Sept. 30, 2019), Doria D., v. U.S. A fair reading of the record showed that Complainant genuinely believed she was a victim of discrimination and could remedy her situation through the EEO process. Lidia B. v. Dep’t of Labor, EEOC Appeal No. 2020000050 (Dec. 10, 2019), Brandee B. v. Dep’t of Agric., EEOC Appeal No. EEOC Closes More Discrimination Cases Without Investigations August 26th, 2019 When an employee files a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC), the case is assigned a priority. The Commission concluded that it was appropriate for the AJ to have issued a decision without a hearing, because Complainant did not produce evidence which would create a genuine dispute of material fact. When all of the incidents raised by Complainant were viewed in the context of Complainant’s hostile work environment complaint, they stated a viable claim. Therefore, the record did not show that the Agency had de facto power to terminate Complainant, and hence it did not have sufficient control to be deemed her joint employer. TJ Simers v The Los Angeles Times. Zenobia K. v. Dep’t of the Army, EEOC Appeal No. Several recent decisions arising out of EEOC-initiated litigation are illustrative of this trend. Complainant, a Mail Handler, filed an EEO complaint alleging, among other things, that she was discriminated against on the basis of disability when she worked at a higher level but was denied the higher-level pay. The Agency objected, and Complainant filed a Motion to Compel, which the AJ denied, having apparently mistaken one interrogatory requesting information on all external hires between 2013 and 2015 with a similar interrogatory requesting different information for external hires to a certain position. Postal Service, [25] found that the Agency improperly dismissed Complainant's complaint, and a fair reading of the record showed Complainant alleged his supervisor subjected him to discriminatory harassment for a three-month period. Allegation that a Co-worker Filed EEO Complaint Against Complainant Failed to State Viable Claim. Annalee D. v. U.S. On appeal, the Commission noted that, in her informal and formal complaints, Complainant detailed numerous incidents of alleged harassment beginning in 2014, several of which occurred within the 45-day limitation period. Postal Serv., EEOC Appeal No. Postal Serv., EEOC Appeal No. The award comes in a case brought by the U.S. 2019000418 (Oct. 8, 2019), Bret E. v. Dep’t of Transp., EEOC Appeal No. Complainant must also raise any allegations concerning a violation of the Health Insurance Portability and Accountability Act (HIPPA) under that process). An agency must accept and process a complaint from any aggrieved employee or applicant alleging the agency discriminated against them. 2019003503 (Oct. 25, 2019), Alfredo S. v. Dep’t of the Army, EEOC Appeal No. The EEOC reported that employment discrimination lawsuits are on the rise and have been for several years. 2019005222 (Oct. 25, 2019). Postal Serv., EEOC Appeal No. The Agency failed to provide copies of the purported prior complaints, or documents related to the complaints such as EEO counseling reports. 10. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Equal Employment Opportunity Data Posted Pursuant to the No Fear Act, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, The DIGEST Of Equal Employment Opportunity Law, Wayne C. v. Dep't of Transp. In addition to the 12 incidents identified by the Agency, the formal complaint and EEO Counselor’s report reflected a more detailed series of alleged incidents that comprised a claim of ongoing harassment. 2019002920 (Aug. 8, 2019). In the underlying decision, the Commission affirmed the Agency’s award of $100,000 in non-pecuniary compensatory damages. Postal Serv., EEOC Appeal No. 18-10638 enforcement action, but non-final if the plaintiff is a public employer. The complaints were ultimately consolidated at the hearing stage, and the AJ granted the Agency’s motion to dismiss the matters for abuse of process. 2019002336 (June 11, 2019), Jermaine G. v. U.S. Here’s the breakdown: Total Charges: 72,675 Retaliation: 39,110 (53.8%) Disability: 24,238 [5]  When an agency identifies each piece of factual evidence as a separate and distinct claim, the agency fails to recognize the underlying issue of a pattern of ongoing discrimination or harassment. The Commission found that the Agency discriminated against Complainant when it terminated his candidacy for a Diplomatic Security Foreign Service Special Agent position because his score on an oral and written assessment was below the cut-off level. 0120180687 (Feb. 21, 2018). There were only 7 age discrimination cases filed in FY 2019, which is a relatively small number. 2019005199 (Nov. 15, 2019), Zenobia K. v. Dep’t of the Army, EEOC Appeal No. 0120182060 (Sept. 5, 2018). Appendix C highlights appellate cases where the EEOC has filed an amicus or appellant brief, and decided appellate cases in FY 2019. 2. Complainant and the Agency entered into a settlement agreement that provided, in pertinent part, that Complainant could ask for help and seek clarity regarding work assignments without being judged. 0120182144 (Nov. 5, 2019), Mark D. v. Dep’t of Justice, EEOC Appeal No. Complainant and the Agency entered into a settlement agreement providing, in pertinent part, that the Agency’s detail rotation list would be adhered to “as written in the LMOU,” and Complainant would be afforded a minimum of nine weeks of detail prior to the use of the detail rotation list. Postal Serv., EEOC Appeal No. Readers can also find this post on our Workplace Class Action blog here. 2019005688 (Nov. 5, 2019). August 1, 2019 July 30, 2019 No Comments. The EEOC has quite a backlog of cases (see Berrien’s comment above re: 100,000 charges each year). The agency employs about 570, down roughly 150 from a … Complainant reported the incident to her manager who investigated the matter and moved Complainant to another location where Complainant would not have to interact with contract drivers or the public. Search U.S. Supreme Court Cases By Year 2019 Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. Complainant alleged that the Agency subjected him to reprisal when he was informed that a co-worker filed a hostile work environment claim against him, and he was not given the opportunity to defend himself. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 72,675 charges of workplace discrimination the agency received in fiscal year 2019. S1 stated, without explanation, that if Complainant was not required to conform to Sunday delivery, there would not be anyone available to carry items for the Amazon Sunday program. The Commission found that the Agency improperly dismissed Complainant’s claim for untimely EEO contact and failure to state a claim. Appendix B includes summaries of significant EEOC consent decrees, conciliation agreements, judgments, and jury awards. 2019001963 (Oct. 11, 2019). Specifically, Complainant contended that his supervisor failed to respond to his safety concerns, gave him instructions different from those given to other employees, failed to provide working equipment, subjected him to increased scrutiny in the form of daily counts, and required Complainant to obtain authorization for bathroom breaks. The Agency dismissed the complaint for failure to timely contact an EEO Counselor based solely on one incident. Hostile work environment claims are based on the cumulative effect of individual acts over a period of time. Agency, EEOC Appeal No. [4] See Equal Employment Management Directive for 29 C.F.R. The Commission redacts Complainants' names when it publishes decisions, and all federal sector appellate decisions issued for publication use a randomly generated name as a substitute for the name of the complainant. Hayden R. v. U.S. The … EEOC filed three lawsuits and settled 19 during the two months. On appeal, the Commission vacated the Agency’s final decision. The EEOC reports a total of 11,283 sexual harassment charges in FY 2019, combining cases filed with the EEOC directly and those reported from FEPAs. Lynwood R., v. Dep't of Veterans Affairs, EEOC Appeal No. Fragmented processing of a claim can compromise a complainant’s ability to present an integrated and coherent claim. While the Agency treated some of the incidents individually as claims of disparate treatment and others as part of the claim of harassment, the Agency failed to view the alleged incidents together as evidence to support Complainant’s hostile work environment claim. [17]  Therefore, complaints of hostile environment are not time-barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period. 0120182301 (Nov. 21, 2019). The Commission also found that the Agency correctly reduced the time claimed for pre-complaint work to two hours. The U.S. On appeal, the Commission found that the Agency has not shown that Complainant was or should have been aware of the time limits for contacting an EEO counselor, or that EEO posters were displayed at the training academy. The Agency failed to fully read Complainant’s document, which included timely events and alleged that the agency had subjected her to a hostile work environment. Complainant in Reita M. v. Department of Transportation [21] alleged that her supervisor and supervisor’s deputy subjected her to ongoing harassment. The EEOC offers mediation services. info@eeoc.gov Equal Employment Opportunity Commission (EEOC) on Cardwell's behalf. It was accessed in July of 2019 for use in this project. While the Agency also dismissed an allegation regarding a suspension on grounds that Complainant raised the matter in the grievance process, the record did not contain a copy of the relevant portions of the collective bargaining agreement showing that claims of discrimination were allowed to be raised in the negotiated grievance process. The Paychex data indicates the EEOC failed to failed to find discrimination in 87 percent of the almost 1.9 million cases filed by discrimination victims over the 21-year-period. The EEOC’s Year Comes To A Surprisingly Quiet Close, Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC, Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing, Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times, Pro-Actively Addressing And Preparing For EEOC Investigations & Lawsuits – August 20, 2013 Webinar, Seyfarth Shaw Webinar: Preparing For And Proactively Addressing EEOC Investigations & Lawsuits, Seyfarth’s Amicus Brief in Mach Mining v. EEOC, Seyfarth’s EEOC-Initiated Litigation Webinar PowerPoint, March 2012, Seyfarth’s EEOC-Initiated Litigation Webinar Recording, March 2012, Seyfarth’s Letter to the EEOC (September 2012), WhitePaper – EEOC-Initiated Litigation: Case Law Developments in 2011 and Trends to Watch for in 2012. [18], As noted, agencies often fail to distinguish between the complainant’s factual allegations in support of the legal claim and the legal claim itself. The Commission found, however, that the fact that Complainant was ranked higher on the best qualified list, by itself, did not create a dispute because the ultimate selection decision was not based solely on those rankings. Postal Serv., EEOC Appeal No. Agency Not Considered Joint Employer. Out of all the cases closed by the EEOC in 2018, only 13 percent resulted in a settlement or other relief. Agencies also find that incidents occurring more than 45 days prior to the complainant’s contact with an EEO Counselor are untimely. Postal Service,[20] the Commission found that the Agency improperly dismissed Complainant’s harassment claim for failure to state a claim. Even assuming Complainant established a prima facie case of discrimination, his claims ultimately failed because the Agency articulated a legitimate non-discriminatory reason for terminating his employment. 2019003473 (Oct. 22, 2019), Corrina M. v. Dep’t of Veterans Affairs, EEOC Appeal No. § 2000ff, et seq (genetic information). 2019003194 (Nov. 5, 2019). A total of over 72,000 charges of workplace discrimination were filed with the agency with over 53% made up of retaliation cases. 2019002255 (May 9, 2019). 0120180911 (Oct. 30, 2019). [3] See Annice N. v. Dep’t of Def., EEOC Appeal No. Safeway, Inc. agreed to pay $75,000 to Joel Silbert to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This total number of filings is significantly less than the last two years ( see here and here ), and is more in line with the drop off in filings that we saw in FY 2016 ( see here ). Appointment of the new Chair came on the heels of thirty business organizations, including the U.S. Chamber of Commerce and American Trucking Associations, imploring Congress and the President to confirm then nominee Dhillon with expediency. Equal Employment Opportunity Commission Skip to main content The Commission determined that the modified award was more consistent with Commission precedent. In 2004, the first full year of EEOC tracking this category, 1,100 charges resulted in $2.2 million in monetary benefits and settlement payments. Instead of treating all alleged incidents as evidence presented in support of Complainant’s harassment claim, the Agency considered some of the incidents as individual claims of harassment. The categories explored were age, color, race, equal pay, national origin, religion, and sex discrimination. by Michelle Diament | October 15, 2019. Complainant alleged that she was subjected to a series of events over a period of four months. The EEOC expects to begin collecting the 2019 EEO-1 Component 1 data along with the 2020 EEO-1 Component 1 data in March 2021 and the 2020 EEO-3 and the 2020 EEO-5 in January 2021. The EEOC filed suit against McLeod for alleged violations of the Americans with Disabilities Act (ADA), because McLeod required a longtime employee with a disability to undergo a work-related medical exam and then wrongfully discharged her based on her disability. 2019003653 (Nov. 8, 2019), Elias R. v. Dep’t of the Army, EEOC Appeal No. [3], Fragmentation often occurs during EEO counseling and investigation, when the agency identifies and defines a complainant’s claim. 2019001706 (Nov. 21, 2019, Ciera B. v. Dep’t of Def., EEOC Appeal No. (The following article is not intended to be an exhaustive or definitive discussion of a complex area of law, nor is it intended as legal advice. Further, the Agency’s Notice advising Complainant of her right to file a complaint specifically referenced race, religion, and sex as bases for the alleged discrimination. Complainant asserted that her complaint involved more than the two incidents described by the Agency involving her supervisor’s conduct and an incorrect worker’s compensation form. Of the approximately 73,000 charges filed with EEOC in 2019, more than half were complaints of retaliation. The Agency also improperly dismissed 2 claims for untimely EEO counselor contact, because the incidents that make up a hostile work environment claim collectively constitute one unlawful employment practice. 24, 2019). Keep in mind that EEOC found “NoReasonable Cause” in more than 60% of ch… Therefore, the Commission affirmed the Agency’s finding that Complainant’s attorney was entitled to a $300 hourly rate. 2019004445 (Oct. 3, 2019), Natacha M. v. Dep’t of Health & Human Serv., EEOC Appeal No. 2019005199 (Nov. 15, 2019). Complainant, however, stated that management told him at the time of the agreement that the LMOU addressed the matter. CHICAGO (December 31, 2019) -- Seyfarth has released its annual report on EEOC legal enforcement and court rulings, entitled EEOC-Initiated Litigation: FY 2019, the most definitive source of analysis that focuses exclusively on EEOC-related litigation. 2019005308 (Oct. 2, 2019), Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Title II of the Genetic Information Nondiscrimination Act of 2008, Equal Employment Management Directive for 29 C.F.R. Further,  Complainant continued to push back the date or failed to respond to the Agency’s inquiries. The Agency found that Complainant was subjected to reprisal when supervisors filed complaints against him with the Agency’s Office of Inspector General (OIG), and the Agency awarded Complainant $2,000 in non-pecuniary damages. This year’s book, entitled EEOC-Initiated Litigation: FY 2019, examines the EEOC’s filings in 2019, and analyzes the significant legal decisions and trends impacting EEOC litigation in 2020. 05970852 (Feb. 1999). Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. The Commission further found that the Agency officials’ vague, conclusory statements about the assessment process did not explain why the Agency terminated Complainant’s candidacy. Kenyatta S. v. Envtl. Discrimination cases based on sex, disability, and race also were high on the list of filed charges. 2019001549 (Oct. 24, 2019), Marvin D. v. U.S. The Equal Employment Opportunity Commission (EEOC) is a Federal agency in the United States which enforces employment laws. However, Complainant did not contend that the Agency told Staffing Firms 1 and/or 2 that she was no longer wanted or allowed to serve the Agency, and there was no evidence of this in the record. There are a few surprises in the enforcement and litigation statistics for FY 2019 released by the Equal Employment Opportunity Commission (“EEOC”). The Commission found that because Complainant’s complaint concerned her termination, the control factor of the Agency having de facto ability to cause her to be terminated was especially significant. Sept. 25, 2019 ), as long as at least one incident as FY 2019. COVID-19. James S. v. Envtl ( rev Agency subjected her to ongoing harassment dismissed! Cases do not necessarily have to result in court cases Jermaine G. v. Dep ’ t of Transp. EEOC! Witnesses in the pre-hearing stages constituted egregious conduct warranting sanctions employers, the Commission found that Complainant was “... Happens to workers the Agency with more than 45 days prior to the such! Eeoc regulations cited may have hoped for greater clarity in terms of trend... 2018 to January 25, 2019 ), Rosendo F. v. U.S was agreement. 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