Federal Employees: You be the Judge

Are their any consequences to the agency if the agency disregards an EEOC appellate division decision? If so what can the EEOC do about it?

Yes. There is an appellate decision and the agency’s FAD does not apply the decision. What i can the EEOC do to compel the agency to apply the decision?

Hi,
I am very sorry for your situation.

I was in the same position as you. A summary of my experience may be useful to you. I prevailed in my appeal to the EEOC and the EEOC’s OFO ordered HUD to conduct a new investigation and issue a new FAD. Despite my best efforts for months, the HUD EEO office would not conduct the ordered investigation. I then filed a petition with the EEOC to enforce its own order. The EEOC would not even acknowledge its receipt of my petition to enforce. I contacted the IG, all of the EEOC commissioners, my Congressional representatives, the OSC, and everyone else I could think of. Nothing worked. The EEOC refused to consider my petition to enforce its own order against HUD. Next, since the EEOC has a rule which requires it to hear and rule on petitions to enforce its own orders, I filed a complaint in federal district court seeking an order that the EEOC comply with its own rule and consider my petition. The court ruled against me finding that I was “not injured” by the EEOC’s refusal to comply with its own mandatory rule. The bottom line is that an EEOC appellate order seems to be worthless.

It is worth noting that the woman who was primarily responsible for the discrimination against me and my co-workers at HUD was HUD’s Deputy General Counsel for Operations and she had worked for the EEOC’s OFO before moving to HUD. I guess I should have known that the EEOC was never going to enforce an order which required an investigation of a former official at the EEOC. But I don’t think the EEOC would have enforced the order under any circumstances. After years of involvement in the EEO process and of research on the history and operation of the EEOC, in my opinion the EEOC is a very corrupt agency. The EEOC considers federal agencies to be its partners that it must protect.

Again, so sorry for you situation.

Best,
Clare