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Fedfox  
#1 Posted : Tuesday, February 11, 2020 4:36:01 PM(UTC)
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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?
DroneBee  
#2 Posted : Thursday, February 13, 2020 2:41:52 AM(UTC)

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Originally Posted by: Fedfox Go to Quoted Post
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?


I don't understand the question - did you receive a decision from the AJ and the agency's FAD does not adhere to the AJ decision? Or, did this already occur and you filed with the EEOC/OFO that the agency's FAD did not comply with the AJ's decision?
thanks 1 user thanked for this useful post.
frankgonzalez on 2/13/2020(UTC)
Fedfox  
#3 Posted : Thursday, February 13, 2020 5:33:52 AM(UTC)
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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?
DroneBee  
#4 Posted : Saturday, February 15, 2020 7:46:23 AM(UTC)

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See https://www.eeoc.gov/fed...ves/md-110_chapter_9.cfm

There's tons of data to search through regarding your chances - see https://www.eeoc.gov/federal/reports/tables.cfm
You would have to sift through the tables to find your agency and whether or not the agency chooses not to fully implement the AJ decisions. I think the OFO can order the agency to do whatever, but I don't think the agency has to comply. At that point, you would go to real court.

God Bless!
Harrigan  
#5 Posted : Saturday, May 16, 2020 7:53:24 AM(UTC)
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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
frankgonzalez  
#6 Posted : Monday, May 18, 2020 5:22:54 AM(UTC)
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I presume you are more than 180 days from the day you filed your formal complaint based on the above.

You can file in federal court on your case...NOT the enforcement of the EEOC's order, but on the underlying case. You can use the EEOC's order and failure to follow as evidence of a continuing violation, and I personally would not do this without at least consulting with an attorney experienced in Federal Labor Law (especially EEO statutes).
You should have voted Cthulu...the greatest of all Evils
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