A Supervisory Fire Engine Captain filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination based on sexual orientation when he was not selected for another position.
Although the complainant was ranked first place for selection during the first round of interviews, he claimed that a second round was set up in a way intended to eliminate him from the selection pool. The basis for the second round rested on the reviews of a handful of supervisors whom the complainant said subjected him to stereotypes based on his sexual orientation in the past. Further, only one of the supervisors worked directly with the complainant and none of the complainant’s listed references were contacted. The administrative judge (AJ) found that the complainant failed to establish discrimination because the agency appeared to provide legitimate reasons for its’ actions. The Office of Federal Operations disagreed, holding that the complainant established a clear pretext. The Office reversed and remanded the EEOC’s decision.
Bart M. v. David Bernhardt, Secretary, Dep’t of the Interior, https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf
Kirk J Angel is an experienced federal employee attorney who handled EEO and MSPB matters. He has represented dozens of federal employees over the past decade. If you are a postal service (USPS), VA, or other federal employee and need representation, schedule a consultation directly on our website: https://theangellawfirm.com/eeo