Federal employee appeals FAD to EEOC’s OFO. EEOC determines compensatory damages (emotional distress) are not available on retaliation claims based on the ADEA.
The EEOC has held that federal employees are not entitled to compensatory damages awards on claims brought under the Age Discrimination in Employment Act (ADEA). In this case, a VA employee appealed a Final Agency Decision (FAD) to the EEOC’s Office of Federal Operations (OFO). The OFO determined that compensatory damages awards were also unavailable for retaliation claims under the ADEA.
This case is an example of how complex federal employee cases are and show how important an experienced federal employee attorney is.
Lois G. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0720170034 (June 15, 2018) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt
Federal employee attorney Kirk J. Angel offers a 15 minute free consultation to federal employees. You can schedule the consultation yourself via this website. https://theangellawfirm.com/eeo