Donald Gay v. Department of the Navy

Archibald Johns Thomas III

Case Conclusion Date:March 11, 2004

Practice Area:Discrimination

Outcome:Decision for Petitioner

Description:Petitioner filed EEO complaint against Department of Navy, Trident Refit Facility, in Kings Bay, Georgia for harassment and discrimination. EEOC Administrative Judge Philip Davi found in favor of petitioner and awarded back pay, emotional distress damages in the amount of $300,00.00 and attorneys fees. The case was appealed to the EEOC Office of Federal Operations. The decision was upheld and the agency was ordered to take the following remedial action: A. The agency shall pay back pay, with interest, and other benefits due complainant, pursuant to 29 C.F.R. § 1614.501, retroactive to August 10, 1998, and continuing until April 15, 2002, the date the AJ's decision became the agency's final action. The agency's determination must take place no later than 60 calendar days after the date this decision becomes final. B. Within 60 calendar days after this decision becomes final, the agency shall issue a check to complainant for $ 300,000.00, in payment for non-pecuniary compensatory damages. C. Within 60 calendar days after this decision becomes final, the agency shall issue a check to complainant for attorney fees. D. The agency shall provide EEO training to the individuals who, in August 1998, held the following positions: the Director of the Trident Refit Facility, complainant's first and second level supervisors and the Light Duty Manager. This training will educate these individuals on their duties and obligations under Section 501 of the Rehabilitation Act of 1973. E. The agency shall consider taking disciplinary action against individuals who, in August 1998, held the following positions: the Director of the Trident Refit Facility, complainant's first and second level supervisors and the Light Duty Manager. The agency shall report its decision. If the agency decides to take disciplinary action, it shall identify the action taken. If the agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline. F. The agency is further directed to submit a report of compliance, as provided in the statement entitled "Implementation of the Commission's Decision." The report shall include supporting documentation of the agency's calculation of back pay and other benefits due complainant, including evidence that the corrective action has been implemented. The agency shall copy the report and its supporting documentation to the complainant.