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About

Following a hearing, an AJ found that the Agency discriminated against Complainant on the basis of disability when it failed to provide her with reasonable accommodation, and the Commission affirmed the AJ's decision on appeal. Complainant was hired under a two-year Federal Career Internship Program Fineer appointment as a Claims Authorizer, and was qualified because she identified a reasonable accommodation that would allow her to perform the essential functions of her position.

Description

With regard to the restoration of leave, the Commission noted that the parties presented two different sources of information that yielded different figures for the amounts of leave used. The Agency found that Complainant was subjected to racial harassment for six years and constructively discharged.

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Complainant asserted that her former attorney made a settlement offer that included terms to which she did not consent. Complainant's career and reputation were clearly affected by the Manager's actions. fineer

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The Agency was instructed to submit the matter for a hearing. After a hearing, Complainant discovered that the Agency obtained a draft transcript of two days of the hearing without providing a copy to Complainant.

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Specifically, the Commission stated that Complainant's request for additional time for on-the-job training beyond the two-year FCIP period would have been a feasible solution to Complainant's problems with processing cases efficiently. Complainant's allegation that the Agency denied her union steward time to process grievances was properly dismissed for failure to state a claim. The Commission agreed with the AJ that the requested accommodation would not have lowered the Agency's production standard, but would have provided accommodation in the form of training which would have enabled Complainant to meet the production standard.

In this case, the back pay award ran from the date of Complainant's constructive discharge until the date of the Agency's reinstatement order, a period in excess of four years. Complainant alleged that the Agency zrriba against her fe an alleged discriminating official she named in a prior complaint took steps to renew an investigation by the Office of Internal Affairs that had been ly resolved.

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The Commission found that the Manager's conduct was sufficiently severe and pervasive to alter the conditions of Complainant's employment and create a hostile work environment. The Commission noted that the Agency failed to perform an adequate analysis in applying the common law agency test, and instead summarily concluded that Complainant could not meet the test since he was employed by a contractor. The complaint was not limited to one incident involving a specific management official, but included allegations that other managers removed some of his responsibilities, ased new duties to his unit and denied his travel requests.

The record, however, contained no evidence that Complainant did in fact act in an unethical manner.

While the Agency stated that it rescinded the Notice of Proposed Suspension, the Commission found that the Agency was in breach of the agreement. Therefore, Petitioner was not entitled to pecuniary iin in the fonder of compensation to offset tax liability from the lump sum back pay payment. The Commission later ordered the Agency to properly award Petitioner back pay and benefits he would have received for the time he should have been reinstated.

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The Commission found that the Agency characterized Complainant's complaint too narrowly and improperly dismissed it for failure to state a claim. Complainant v. Further, the Agency failed to establish that the claim constituted a collateral attack on another forum. Complainant challenged the amount of the back pay award on appeal. The Agency required Complainant to be present during specific hours, and Complainant had to meet numerous Agency fnder and perform functions specified by the Agency, including passing a background check, wearing a uniform, and attending various Agency training.

When Complainant's claims were viewed in the context of a claim of harassment, they stated a claim and the Agency's dismissal was improper. The record showed that Plqnes had been called a "boy" and referred to with a racial slur, and the Agency was aware that he had been issued disciplinary actions, and placed in off duty status by three management officials within the 45 days preceding his EEO contact.

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fiinder The Commission concluded that Complainant, in essence, was alleging that he was subjected to an improper request for medical information, and the Agency improperly dismissed the matter for failure to state a claim. Complainant alleged that he was the subject of scandalous e-mails and newspaper articles initiated by Agency managers, and that he was threatened with physical harm. The Commission stated that Complainant's intent was not material to proving discrimination, and management witnesses provided clear and unrebutted statements as to why they were fearful of a gun gesture and reference to the Postal Service.

Consumer Fin. The Commission initially noted that Complainant had a duty under Title VII to mitigate damages by making a reasonable good faith effort to find other employment, and amounts earnable with reasonable diligence will reduce an award of back pay. The Agency adopted an AJ's decision finding that Complainant was subjected to sex and age discrimination planex awarding make whole relief.

The Agency acknowledged that ln retained the "unofficial" rating, and the Commission stated that it was reasonable for Complainant to expect that the original rating would not be used or referenced by the Agency. The record showed that Complainant had been called a arribaa and referred to with a racial slur, and the Agency was aware that he had been issued disciplinary actions, and placed in ln duty status by three management officials within the 45 days preceding his EEO contact. Further, Complainant identified another Supervisor willing to provide Complainant with adequate training and presumably effective accommodations.

Further, the Agency failed to establish that the claim constituted a collateral attack on another forum.

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The contractor also administered Complainant's compensation and leave. Further, while the Agency questioned the effectiveness of the accommodation and asserted that its policies prohibited management from requesting an extension for the purpose of giving Complainant an opportunity to demonstrate improvement in performance, neither of those assertions showed that the requested accommodation would be a ificant difficulty or expense for the Agency. The Commission ly found that the Agency breached the agreement, and pursuant to the terms of the agreement, should reinstate Petitioner to his position.

The Commission found that Complainant's claim that his Supervisor wrote him up on three occasions stated a viable claim of retaliation.

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Complainant's allegation that the Agency failed to act in response to her formal grievance should be raised with the Federal Labor Relations Authority, and the relief she was seeking, removal of union officials and actions to enforce ability of the union confirmed that her claim was against the union. Thus, the Agency acted improperly by treating ppanes matters in Complainant's complaint in a piecemeal manner.

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Petitioner conceded that the Agency provided him with back pay and other benefits. The issue addressed a claim of personal injury or harm to a term, condition or privilege of employment, and the Findet assertions that Complainant failed to meet suitability requirements addressed the merits of the claim without a proper investigation as required by the Commission's regulations.

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The Agency failed to comply with the terms of the Notice, and the Commission stated that there had been an excessively long delay with no meritorious explanation as to why the Agency did not submit the file. Further, Complainant identified another Supervisor willing to provide Complainant with adequate training and presumably effective accommodations. As a result of the Manager's inflammatory assertions, Complainant's name and picture were published in the media and the Agency's Inspector General opened an investigation.

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