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
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