Federal employee wins previously unstated claims. Complainant was employed by the postal service (USPS).
She filed an EEO claim alleging disability discrimination and reprisal on the basis of 12 actions by the postal service. She then timely requested a hearing before an EEOC Administrative Judge (AJ). Thereafter the parties engaged in, and completed discovery, and the agency filed a motion for decision without a hearing (motion for summary judgment). After briefing the AJ added 3 additional claim which the Complainant had not previously made. At hearing, the AJ found against the Complainant on all except 2 of the newly added claims. The AJ found in Complainant’s favor on those and awarded, among other things, attorneys fees. The Agency appealed and the OFO found that the Complainant was entitled to attorney’s fees.
Barbara S. v. U.S. Postal Service, https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf
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