Federal employee wins appeal of EEOC decision. The U.S. Court of Appeals for the Federal Circuit remanded a decade-long discrimination case and ordered the EEOC to enter corrective action for federal employee.
Jerry Edward Beck filed an appeal with the EEOC in 2011. He alleged the Navy refused to hire him for a position because of his prior military service. The administrative judge (AJ) found that Beck established that his military service was a substantial factor in the Navy’s decision to reject Beck. He was rejected even though the Human Resources department designated Beck the “best qualified.” However, the AJ denied Beck corrective action. The AJ found that the Navy would have hired the other candidate regardless of Beck’s military service. In reversing, the Court of Appeals found the AJ’s determination to be an abuse of discretion. The Court cited numerous instances where the hiring party admitted that preselection did not occur. Due to numerous discovery issues and delays, the Court found reconsideration to be inappropriate and ordered the EEOC to enter corrective action in favor of Beck.
Jerry Edward Beck v. Dep’t of the Navy, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1205.OPINION.5-14-2021_1777927.pdf
Kirk J. Angel regularly represents federal employees. Mr. Angel handles claims before the EEOC and the MSPB. If you are a federal employee and need representation, set an appointment right on our website. https://theangellawfirm.com/contact-us