Ariel Solomon with the Solomon Law Firm, PLLC recently secured a default judgment and
sanctions against the United States Department of the Navy in a matter
involving the Agency's discrimination and constructive discharge of
long standing employee on the basis of her disability.
The unprecedented decision granted the Solomon Law Firm, PLLC 's motion
for a default judgment due to the Navy's continued and pervasive disregard
for the Equal Employment Opportunity Commission's orders as well as
the letter and spirit of the anti-discrimination laws which require Federal
Agencies to investigate and develop a factual record of formal discrimination
complaints raised by Federal Employees within 180-days of filing.
The Federal Employee and Complainant in this particular matter, alleged
that the Department of the Navy engaged in unlawful
discrimination when it
failed to accommodate her disability and
constructively dischargedher employment following her myriad requests for reasonable accommodation.
Notably, the Complainant was given work assignments outside the scope
of her position description and the Federal Employee's supervisor
created a working environment that was so hostile that the Complainant
was forced to prematurely resign her position.
In the Agency's Response to the motion for sanctions, there was no
argument against the allegations that it failed to conduct a timely investigation;
however, various justifications were set forth. The Navy claimed that
the solitary EEO person responsible for the investigation of the Complainant's
case, and others, had personal circumstances that arose which prevented
a timely investigation of all formal discrimination complaints, effectively
closing its EEO office. In its Order granting the motion for a default
judgment and sanctions, the Commission rejected the justifications set
forth by the Navy and adopted Ariel Solomon's argument in its entirety,
which argued that the Agency knew of the deficiency, yet failed to correct
its unlawful actions.
In a firmly worded decision, the Chief Administrative Law Judge reaffirmed
the Commission's authority to sanction federal agencies for their
noncompliance, citing to
Royal v. Department of Veterans Affairs; Appeal No. 0520080052 (September 25, 2009) and 29 C.F.R. Part 1614, which
grants the Commission that authority which if necessary to carry out its
charge of eradicating discrimination in the federal sector.
In granting Attorney Solomon's motion, the Chief Judge held that based
upon the extent (and nature) of the Agency's non-compliance, the prejudicial
effect (including a delay in justice) and the effect on the integrity
of the EEO process, and the arguments set forth in the motion for a sanctions,
a default judgment was warranted.