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COVID-19 Notice: Our law firm is open and available to help federal employees worldwide. We are all being affected in different ways, but we will all get through this together.

Southworth PC Trial Time: Judge Authorizes Retaliatory Harassment Trial Against Agency

by | Jan 26, 2021 | Federal Sector EEO, Firm News, Hostile Work Environment, Reprisal |

Federal employment attorneys Shaun Southworth, Jesse Kelly, and Ianna Richardson just learned that one of their cases before the Equal Employment Opportunity Commission will be headed to trial.

The Judge has selected the case for trial on a theory of retaliatory harassment.

The EEOC’s website explains:

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.  Asserting these EEO rights is called “protected activity,” and it can take many forms.  For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit

  • communicating with a supervisor or manager about employment discrimination, including harassment

  • answering questions during an employer investigation of alleged harassment

  • refusing to follow orders that would result in discrimination

  • resisting sexual advances, or intervening to protect others

  • requesting accommodation of a disability or for a religious practice

  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

After reviewing the record, the Administrative Judge found there was a need for hearing as to whether the Agency retaliated against our client for her protected activity. Earlier, the Merit Systems Protected Board had found that our client was wrongfully terminated and reinstated her into federal employment.

If you are a federal employee with legal troubles, feel free to contact our attorneys to see if we think we can help you.