USPS Employee wins EEOC appeal. In December of 2016, Employee filed an EEO complaint based on disability. The complaint was later amended to include reprisal. The case was heard by an EEOC administrative judge (AJ). After the hearing, the AJ issued a decision finding the Employee failed to prove discrimination, but did prove reprisal. The AJ awarded Employee damages, attorney fees, and costs.
The USPS appealed to the EEOC’s Office of Federal Operations (Commission) to reduce the amount of attorney fees. Commission rejected USPS’s arguments. The Commission found that Employee fit the prevailing party standards. The Commission also found that, though Employee had limited success, the reprisal was in direct response, and therefore intertwined, with Employee’s original complaint. Finally, Commission found a rejected offer of settlement is grounds for rejecting attorney fees only if the settlement offer exceeds the final amount awarded. Commission reaffirmed the compensatory damages, attorney fees, and cost.
Barbara S. v. U.S. Postal Service https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf
Kirk J. Angel is an experienced employment attorney who regularly represents federal employees. He offers a free 15 minute consultation via his website at:https://theangellawfirm.com/federal-employees