REMEMBER THIS REMEDY
We like to highlight employee and union victories where an employer is not simply ordered to cease and desist. Frankly, that kind of verdict is near worthless because it does not compensate the employee or union for any harm done. Just as importantly, it does nothing to motivate the employer not to violate its obligations in the future. So, when we came across a decision titled Emilia Z. v. Pete Hegseth, Sec’y DoD, (Department of Defense Education Activity), EEOC No. 2023004545 (2026) we knew it was worth remembering as a model for even remotely similar cases because EEOC imposed remedies we have never seen before. Emila, a secretary at Fort Campbell, filed an EEO complaint alleging discrimination on the bases of physical disability and in reprisal for protected EEO activity. EEOC found the agency at fault in large part because the Southeast District Chief of Staff questioned Complainant about her medical condition in front of a co-worker. As a result, EEOC clobbered the agency with an order that it do nine things to correct the situation. They are as follows:
- The Agency shall pay Complainant $21,000.00 in non-pecuniary compensatory damages;
- The Agency shall pay Complainant $240.00 in pecuniary damages;
- The Agency shall make payment to Complainant for $12,319.90 in attorney’s fees;
- The Agency shall display a notice at the Fort Campbell High School to employees at the Facility that informs them of this finding. This notice shall remain posted for sixty (60) days. The Notice is attached;
- The Notice shall also be posted on the Agency’s public website for 1 year;
- The Agency will provide 8 hours of EEO training to [named co-workers and responding management official], with an emphasis on harassment and disability discrimination, to be conducted by an outside contractor;
- The Agency shall ensure that none of the persons who testified in this matter are subjected in any way to reprisal;
- The Agency shall take corrective, curative, and preventive action to ensure that discrimination does not recur. See 29 C.F.R. §1614.501(a)(2).
- The Agency shall submit a compliance report which includes supporting documentation verifying that each action has been implemented.
