DO YOU KNOW YOUR VICTIM LAW?

When employees are the victim of discrimination, they often have some unusual rights that a union rep might not think of when working out a remedy for a grievant.  For example, EEOC issued a recent decision in which it found an agency at fault for reassigning an employee victim away from a discriminating manager and her normal work location as a way to remedy a violation of her rights.  The Commission wrote, “An employer does not act responsibly in response to a hostile work environment allegation when it reassigns the alleged victim. “ In another new decision EEOC actually ordered the agency to reassign the offending supervisor away from the employee—not the other way around. The decisions are cited below.  

These decisions are Cecile S., v. Denis R. McDonough, Sec’y, Dep’t/ of Veterans Affairs, EEOC No. 2023001455 (2024) and Simone G., v. Lloyd J. Austin III, Sec’y, Dep’t. of Defense (DISA), EEOC No. 2023001336 (2024)