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Rank: Member
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Joined: 7/28/2017(UTC) Posts: 14 
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If an administrative judge determines an agency is guilty of discrimination is there any impact to the agency besides paying damages? What happens are they required to make changes or conduct an investigation? Is there a consequence to having to report the discriminatory action through the No Fear Act? If the only consequence is monetary damages there does not seem to be an incentive for agencies to ensure management compliance.
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Rank: Senior Member
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Joined: 8/8/2008(UTC) Posts: 5,292
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Originally Posted by: Fedfox  If an administrative judge determines an agency is guilty of discrimination is there any impact to the agency besides paying damages? What happens are they required to make changes or conduct an investigation? Is there a consequence to having to report the discriminatory action through the No Fear Act? If the only consequence is monetary damages there does not seem to be an incentive for agencies to ensure management compliance. Damages, Posting (ie a letter whose wording is provided by the EEOC and is signed by the agency leadership saying "We committed a violation of the Civil Rights laws, and promise not to do it again." that has to be displayed everywhere employees can see it and usually the applicable website as well). They may recommend discipline or training (but if the agency declines to do so, they must tell the EEOC why not. Acceptable reasons for not disciplining someone may be if they have left the agency). I have seen many leaders (especially those in the military) who did not care about the potential monetary damages, but suddenly became interested in settlement when told about what a posting is and how they would need to sign it...but their boss may be the one who has to sign it. |
You should have voted Cthulu...the greatest of all Evils
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Rank: Member
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Joined: 7/28/2017(UTC) Posts: 14 
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Thank you! That was insightful!
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Rank: Advisor
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Originally Posted by: frankgonzalez  I have seen many leaders (especially those in the military) who did not care about the potential monetary damages, but suddenly became interested in settlement when told about what a posting is and how they would need to sign it...but their boss may be the one who has to sign it.
...and this is essentially what it boils down to. Organizations that allow toxic leaders to flourish do so because they are inherently narcissistic. Narcissists cannot handle the slightest blow to their ego. Of course these "leaders" don't care about monetary damages. It's not coming out of their pockets. But if I was bold enough to discriminate against employees, I couldn't imagine caring about having to post a sign that most people probably won't read, especially if I am not going to lose my job over it. The things people care about are often mind-boggling.
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 1 user thanked for this useful post.
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Rank: Newbie
Groups: Registered
Joined: 6/12/2019(UTC) Posts: 6 
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Too bad this isn't the case under state discrimination and retaliation laws. Well its too bad people have the ego and gall to violate these laws in the first place.
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