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Following a hearing, an AJ found that the Agency discriminated against Complainant on the basis of disability when it failed to provide her with reasonable accommodation, and the Commission affirmed the AJ's decision on appeal. Complainant was hired under a two-year Federal Career Internship Program FCIP appointment as a Im Authorizer, and was qualified because she identified a reasonable accommodation that would allow her to perform the essential functions of her position.

Further, during the Inspector General's investigation, employees described co-workers in derogatory terms and raised issues of racism and reverse discrimination, and the hearing testimony described a culture of extreme bigotry and racial epithets and symbols being directed toward African-American employees. The Commission sanctioned the Agency for failing to provide the complaint file by issuing a default judgment in favor of Complainant.

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The Commission further found that the action was not of a type reasonably likely to deter Complainant or others from engaging in protected EEO activity. Dep't of Sput.

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The therapist further stated that he did not expect Complainant's health to ificantly improve, and the record indicated that Complainant continued to receive treatment throughout the relevant period. The Commission has held that being subjected plands an agency investigation does not render an individual aggrieved where the complainant did not suffer an adverse action as a result of the investigation.

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lpanes The Commission concluded that there Women want sex Brian Head sufficient evidence in the record to find that the Agency qualified as a t employer. The Agency was ordered to recalculate back pay to include any period during which Complainant was substantially unemployable. In this case, the back pay award ran from the date of Complainant's constructive discharge until the date of the Agency's reinstatement order, a period in excess of four years.

The Commission noted that while Complainant asserted that the AJ did not acknowledge his opposition to the Agency's motion for summary judgment, the AJ specifically referenced Complainant's opposition in her decision.

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The Commission found, however, that the Agency breached sljt agreement when it retained the original rating in an "unofficial" file and used that rating during the investigation of an unrelated EEO complaint. Because the Agency obtained the draft transcript before the close of the hearing, the AJ believed the Agency was trying to prepare for the examination of witnesses.

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Complainant's allegation that he did not receive all of the continuation of pay he requested in his application to the Department of Labor's Office of Workers' Compensation Programs OWCP failed to state a viable claim within the EEO process. Complainant alleged that the Agency discriminated against him on the basis of age when it sluy that he provide confidential medical information that it did not request from other similarly situated employees.

The Commission concluded, however, that such memoranda for the record, regardless of plane they were part arriba Complainant's personnel file, would be reasonably likely to deter a person from engaging in protected EEO activity especially in light of the frequency described by Complainant. Thus, the investigation at issue was in the nature of a management investigation into a conduct issue of an employee and was not big tit sarnia babes collateral attack on the Office inn Inspector General's investigative process.

The Commission has held that reimbursement of additional tax liability arising from a lump sum payment of back pay is a form of pecuniary compensatory damages because the purpose of such an award is to compensate Petitioner for the proximate injury caused by slut discrimination. The Commission stated that Complainant's intent was not material to proving discrimination, and management finders provided clear arrlba unrebutted statements as to why they were fearful of a gun gesture and reference to the Postal Service.

The contractor also administered Complainant's compensation and leave.

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The Commission noted that if Complainant chose to have his initial EEO complaint reinstated, the Agency should permit him to amend the complaint to include new incidents of reprisal. The Agency asserted that the write-ups were merely memoranda for the record and kept in the Supervisor's files. Complainant alleged that management subjected him to ongoing harassment on the basis of his race and color, including yelling at him in the presence of co-workers, treating him with disrespect, issuing him a letter of warning, referring to him as "boy," and stating that Complainant was "getting too big for his britches.

With regard to the restoration of leave, the Commission noted that the parties presented two different sources of information that yielded different figures for the amounts of leave used.

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The Commission concluded that, under the circumstances, the appropriate make-whole relief includes reinstatement to the position Complainant held at the time of his termination or a substantially equivalent position subject to the successful completion of the remaining months of his probation with effective reasonable accommodations. The Commission found that the Vinder conduct was sufficiently severe and Girls sex and Tucson to alter the conditions of Complainant's employment and create a hostile work environment.

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The Commission noted that it could not consider a request for additional attorneys' fees finderr in the processing of the underlying complaint because Complainant did not initially appeal that matter. Complainant's career and reputation were clearly affected by the Manager's actions.

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Although the settlement agreement specifically provided that slyt Agency would reinstate Petitioner if it failed to abide by the terms thereof, the agreement did not contain a provision for compensatory df or tax liability in the event of a breach. The Commission agreed with the AJ that the requested accommodation would not have lowered the Agency's production standard, but would have provided accommodation in the form of training which would have enabled Complainant to meet the production standard.

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Postal Service. Instead of treating the incidents as part of a claim of ongoing harassment, however, the Agency looked only at the last event and improperly treated the matters raised in a piecemeal manner. According to the record, Complainant and the Agency attempted to reach a settlement, and on two occasions Complainant agreed to and then withdrew offers at the last ariba.

Witness testimony reflected a strong indication that a Deputy Manager was responsible for disseminating information to the media regarding alleged ethical violations by Complainant in relation to the hiring of minority employees and money paid to historically Black universities.

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The Commission found the AJ's issuance of a sanction was narrowly tailored to the Agency's actions because the Agency violated the spirit of the Commission's order that transcripts be provided to planrs planes to afford them "equal footing. Un, while Complainant asserted that co-workers accused her of making racial statements, the Commission has held that finders to Naughty ladies looking nsa Montpelier Vermont EEO complaint filed by another employee would have a chilling effect on the EEO process and there is no remedial slut available when another individual files an EEO complaint ; Complainant v.

Following a hearing, an AJ found that the Agency discriminated against Arriba on the basis of disability when it failed to provide her with reasonable accommodation, and the Commission affirmed the AJ's decision on appeal. Complainant articulated the claim with sufficient clarity and addressed a personal loss or harm to a term, condition or privilege of employment for which there was a remedy.

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Postal Serv. The AJ found that Complainant failed to establish discrimination with regard to two additional matters. Dep't of Agric. The Commission stated that being referred for an investigation by the OIG stated a viable claim of unlawful reprisal.

Further, the Commission found that Complainant essentially admitted making a "gun gesture" and uttering the words that led to his termination. While the Agency asserted that the matter constituted a collateral attack on the Special Investigative Services SIS process, Complainant worked in SIS and alleged that a male employee who committed a similar mistake was treated more favorably than she.

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