Federal employee wins partial reversal of Final Agency Decision. Complainant was employed by the Internal Revenue Service.
She filed an EEO alleging discrimination on the basis of age, color, disability and reprisal (retaliation). Ultimately, Complainant and the Agency entered into a settlement agreement to resolve the EEO.
Thereafter, Complainant alleged that the Agency was in breach of the settlement agreement. The Agency investigated Complainant’s allegations that it was in breach by failing to schedule certain meetings. The Agency determined that its failure to schedule was reasonable because the Settlement Agreement was executed three work days prior. The FAD concluded that it executed the settlement agreement in good faith and complied with the terms.
Complainant appealed to the EEOC. The EEOC found the Agency made good faith efforts and substantially complied with the terms of the settlement agreement. As such, it affirmed the FAD on those claims. However, because the Agency failed to include a provision that she was waiving her rights under the ADEA (Age Discrimination in Employment Act). Therefore, the EEOC reversed and remanded on the age discrimination claims.
Fiona H. v. Dep’t of the Treasury, EEOC Appeal No. 2019002760 (Aug. 18, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf
Federal employee attorney Kirk J. Angel has represented clients in claims against their agencies for over a decade. He routinely assists federal employees with EEO claims and represents them in hearings before the EEOC. If you need an attorney with experience representing federal employees, set your free 15 minute consultation today on our website at: https://theangellawfirm.com/federal-employees