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VA employee wins partial victory in EEOC appeal. Complainant, a Department of Veteran Affairs employee, was passed over for a promotion.

Complainant filed an EEO alleging discrimination, but did not request a hearing. Therefore, the VA issued a FAD concluding no discrimination occurred.¬† Complainant appealed to the EEOC’s Office of Federal Operations (EEOC).

The EEOC’s determined Complainant must satisfy certain steps to succeed in appeal. First, Complainant must demonstrate action showing an inference of discrimination. EEOC determined Complainant was successful with age discrimination as promoted officer was twenty years younger. Second, Agency must provide a legitimate reason for its actions. EEOC determined the Agency failed on this step since there was no indication how the scores tied to promotion were determined. EEOC reversed FAD relative to the promotion claim, but not the other claims. The EEOC also awarded backpay and ordered Complainant be given a promotion.

Leonard H. v. Robert Wilkie, Secretary, Department of Veteran Affairs https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2019001566.pdf

Kirk J. Angel is an experienced federal employee attorney. He regularly represents VA employees and others in proceeding before the EEOC. If you are a federal employee in need of an attorney, set your free 15 minute consultation with Mr. Angel today. https://theangellawfirm.com/kirk-angel-employment-lawyer