YOU’RE PROTECTED WHEN YOU JUST SPEAK UP FOR A DISCRIMINATION VICTIM
Iris, is an employee at DoD’s Education Activity (DoDEA) which manages its elementary and high schools around the world. In fact, she was a school principal. When she raised issues of racial mistreatment of a co-worker to her manager, that manager directed Iris to request a transfer. Iris believed her supervisor’s order was in retaliation/reprisal for her opposition to the discrimination against a co-worker, and filed a complaint. Here’s is what happened, but . . .
before we turn to EEOC’s legal conclusions, it is important to touch on how the co-worker (KT) suffered discrimination.
EEOC found that Iris had confronted teachers for exhibiting behavior that could be perceived as racist towards students, parents, and a minority female teacher. Apparently, upon KT’s hiring, some teachers were rude and unwelcoming. One kindergarten teacher would sometimes lock the entry doors to the kindergarten wing, preventing KT (also a kindergarten teacher) from entering. Indeed, even the president of the union made racially-charged comments about KT to Iris. The president “questioned KT’s credentials, told Iris that other teachers (who were mostly Caucasian) were complaining about KT’s physical appearance, such as her skin and hair, that parents would disapprove of KT and her classroom aide (who were both African-American), and that ‘[t]hese people do not want to work for someone like her.’” WOW!
When Iris explained all this to her supervisor, instead of showing concern about what the union president had said, the supervisor commented that she had also heard of complaints about KT and that KT did not look professional.
At the EEOC hearing over Iris’ complaint of reprisal for speaking out against discrimination, the Agency fired back that the supervisor was not aware of any “racial issues” concerning KT until about six months after Complainant wrote the letter requesting a transfer. The supervisor testified that it was not until she conducted an annual performance review with Iris that she shared her concerns about racial discrimination against KT.
However, EEOC found Iris’ testimony credible regarding the timing of her telling her supervisor about union president’s comments about KT. In plainer words, EEOC chose to believe Iris over her supervisor’s testimony. OUCH! The Commission also found the Agency’s testimony about the circumstances of Iris’ transfer to not be “wholly credible.”
The Commission awarded Iris compensatory damages and attorney fees if requested.
For details about this case see Iris D., v. Lloyd J. Austin III, Sec’y., DoD (DoDEA), EEOC No. 2022000436 (2023)
