Equal Employment Opportunity Commission

Disciplinary Actions Against Managers

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Revise the No Fear Act


Managers are not being punished for their illegal actions. The No Fear Act needs revision. EEOC must have authority to impose discipline.


In September, 2010, EEOC Judge Macauley issued a decision in which he found that HUD retaliated against (Redacted) for a lawsuit based on disability discrimination. The Judge found that HUD had denied a promotion for (Redacted) that had been granted to every engineer in the country. The HUD official responsible for the denial of the promotion was (Redacted). Judge Macauley found that her testimony in the case was not credible and that the justification she advanced for not promoting (Redacted) was "a mere pretext to retaliate" against him.


Less than two weeks later, on September 13, 2010, , HUD’s Regional Administrator, promoted (Redacted) to the position of Deputy Regional Administrator.


Notably, this was not the first time Judge Macauley had found that (Redacted) had discriminated against (Redacted). In 2006, The Judge found that (Redacted) had retaliated against (Redacted) by suspending him on two occasions. In that decision Judge Macauley found that (Redacted) admitted that she suspended (Redacted) in retaliation for his protected conduct and that she "has expressed her retaliatory animus against [(Redacted)]"


In June, 2007 HUD placed (Redacted) on unpaid leave claiming that a doctor had determined that he was unfit for duty. He reached this conclusion after being provided false information by (Redacted).


(Redacted) provided a Fitness for Duty report. HUD still would not allow (Redacted) to return to work. In June, 2008, more than one year after being placed on administrative leave, (Redacted) was reinstated.


(Redacted) resigned from HUD and filed an appeal with the MSPB alleging constructive termination. In 2011, HUD paid approximately $680,000 to settle the appeal.


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Idea No. 3904