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Federal employee wins EEOC Appeal. In 2020, Complainant, a barber at Navy Base Little Creek-Fort Story, filed a formal complaint against the Navy (Agency).

The alleged  discrimination on the basis of her disability and reprisal for former EEO activity. Agency dismissed the complaint as having been addressed in a prior EEO complaint and in a negotiated grievance procedure.

Complainant appealed to the EEOC (Commission). Commission finds that while Complainant did formerly file a discrimination complaint for the same issue, the former complaint and grievance procedure addressed discrimination between 2015-2017 and 2018. The complaint at issue occurred in 2020, and thus, the former complaints do not address the present issue. Commission reverses Agency’s decision and orders Agency to address Complainant’s complaint.

Irvin M. v. James E. McPherson, Acting Secretary, Department of the Navy, https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2020005170%20DEC.pdf

 

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