CASE F

Following its May 10, 2022, final order, the Agency filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) pursuant to 29 C.F.R. § 1614.403(a). On appeal, the Agency requests that the Commission affirm its rejection of an EEOC Administrative Judge’s (AJ) finding of discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. The agency also requests that the commission affirm its rejection of the AJ’s decision. Specifically, the agency contends that the AJ erred in granting summary judgment finding discrimination on some of the complainant’s claims and also contends that the AJ’s award of compensatory damages was excessive. The Commission ruled the Agency shall pay to Complainant back pay and all associated benefits plus applicable interest, in accordance with EEOC Management Directive 110, Chapter 11, Section III (Aug. 5, 2011), and 5 C.F.R. §550.805, for the difference between the GS-07, step 1, and GS-09, step 1, rates from April 1, 2018, to one day prior to his promotion to GS-9, step 1. The complainant shall cooperate in the agency’s efforts to compute the amount of back pay and benefits due and shall provide all relevant information requested by the agency. If there is a dispute regarding the exact amount of back pay and/or benefits, the agency shall issue a check to the complainant for the undisputed amount within sixty (60) calendar days of the date the agency determines the amount it believes to be due. The Complainant may petition for enforcement or clarification of the amount in dispute. The petition for clarification or enforcement must be filed with the Compliance Officer at the address referenced in the statement entitled “Implementation of the Commission’s Decision.” The issue of the complainant’s increased tax burden from the agency’s lump sum payment of back wages is remanded to the agency. On remand, the agency shall conduct a supplemental investigation, including providing the complainant an opportunity to submit evidence of his increased tax burden. For guidance on what evidence is necessary to prove pecuniary damages, the parties are directed to EEOC Enforcement Guidance: Compensatory and Punitive Damages Available Under § 102 of the Civil Rights Act of 1991 (July 14, 1992) (available at eeoc.gov). The agency shall complete the investigation and issue a final decision appealable to the EEOC determining the appropriate amount of damages.