OFO Appeal Nos. 0120123054, 0120123055, 0120123056, 0120123057, 0120123058
We represented five African American nurses employed by the federal government who claimed they were discriminated against on the basis of their race when they were not considered for promotion to team lead positions. The agency selected two Caucasian employees who were less qualified. After the agency issued a decision finding that no discrimination had occurred, we appealed the decision to the EEOC Office of Federal Operations. The OFO overturned the agency’s decision finding and ordered the agency to determine which of the five complainants would have been selected for the two lead nurse consultant positions but for the discrimination, and directed the agency to award retroactive placement and back pay with interest to those two individuals. The OFO further found that all five Complainants were entitled to consideration for compensatory damages and ordered the agency to complete an investigation regarding compensatory damages.
