OFO reverses EEOC Administrative Judge and finds in favor of federal employee. An EEOC Administrative Judge ruled against a federal employee working for the Department of the Air Force.
Complainant was working at a restaurant on an Air Force Base in Okinawa, Japan. He was subjected to derogatory comments directed to toward his sexuality as well as threats of death and violence from a coworker. Although the coworker was eventually fired, the same supervisor who made the previous derogatory comment attempted to allow her return to work. Further, the coworker returned as a customer on several occasions and continued harassing the complainant. When complainant asked management to remove the coworker, they declined because she was present with the status of a paying customer. The AJ held that management took sufficient steps regarding the supervisor’s remark and declined to hold the agency liable for the coworker’s harassment. Complainant appealed the decision. The Office of Federal Operations disagreed, finding that the agency’s actions were insufficient and holding them liable for all actions of harassment.
Silas T. v. John P. Roth, Acting Secretary, Dep’t of the Air Force, https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf
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