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Dismissal of EEO not appropriate according to EEOC. Complainant, who was employed by the VA, filed an EEO alleging discrimination based on race, color, sex and disability as well as reprisal.The EEO investigator reached out to Complainant several times seeking an affidavit, but received no response. The Agency dismissed the claim based on failure to cooperate. Complainant appealed. The EEOC’s Office of Federal Operations reversed. It found that were was sufficient evidence to continue the investigation and issue a determination even without Complainant’s affidavit.

Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. 2019003663 (Aug. 22, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf

Kirk J. Angel is an experienced attorney who represents federal employees throughout the country. He routinely represents federal employees in EEO claims and EEOC hearings. If you need an experienced EEO attorney, you should contact him today to set your free 15 minute consultation. Simply go to his website to learn more and set the consultation: https://fedemployeeattorney.com/