Federal employers have a duty to stop unlawful harassment including based on sex or sexual orientation. The complainant, a federal employee, worked for the Department of the Treasury in the IRS. He filed an EEO complaint alleging that the agency discriminated against him.
Complainant alleged that he was being harassed (a form of discrimination) on the basis of sex. Specifically, due to his sexual orientation as a gay male. He alleged a co-worker routinely made homophobic jokes and purposely sabotaged his work. Complainant also alleged that he was subjected to retaliation and disparate treatment. He filed a complaint with the agency. After an investigation, the agency issued a decision finding, among other things, that the harassment has stopped after complainant’s complaint.
He appealed to the EEOC. The Commission affirmed that the agency was not liable. The EEOC noted that the agency was not aware of the harassment until complainant reported it. It also found that the agency began a prompt investigation and that complainant did not suffer any further harassment after his report. The decision shows that federal employers must take prompt action to stop employees from being subjected to harassment including based on sex and sexual orientation.
Colby S. v. Dep’t of the Treasury https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf
Federal employee attorney Kirk Angel did not represent this complainant, but the does represent federal employees in discrimination claims before the EEOC. If you are a federal employee who has suffered discrimination, retaliation (reprisal) or harassment, reach out to us today! https://theangellawfirm.com/eeo