EEOC MANDATES PERFORMANCE AWARD

A supervisory Customs and Border Protection employee was not at work for more than half of the fiscal year due to cancer treatment and surgery. Nonetheless, he felt he was entitled to an annual performance award like his peers. When the agency did not grant it, he filed an EEOC disability discrimination charge.  Surprisingly, agency officials confirmed that the absence for surgery and cancer treatment was the reason that Complainant was denied a cash award.  EEOC decided that CBP violated the Rehabilitation Act because there was direct evidence linking Complainant’s disability and related accommodations to the cash award denial.  Consequently, the employee got his $2,500 award, another $1,00 in damages, and almost $10,000 in attorney fees. He also got an EEOC order that CBP consider disciplining the Post Director. See Darrin F., v. Alejandro N. Mayorkas, Secretary, DHS, CBP, EEOC Appeal No. 2021000554 (2022)