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Official websites use. Share sensitive information only on official, secure websites. Article: Is the Complainant an Employee? Stating a Claim of Employment Discrimination. Carlton M. The decisions below are a selected sampling of recent awards of compensatory damages. See, also, "Findings on the Merits," and "Remedies" this issue. Statements from Complainant, her Licensed Clinical Social Worker, her husband and a co-worker all showed that Complainant suffered severe emotional distress.

Complainant stated that she was embarrassed, humiliated, and felt powerless. The Social Worker treated Complainant for acute stress, anxiety, depression, and post-traumatic stress disorder, and stated that Complainant experienced excessive crying, excessive sleeping, difficulty concentrating, feelings of fearfulness and helplessness, intrusive thoughts, guilt, hypervigilance, and paranoia.

Complainant's husband stated that she lost interest in most things, became withdrawn, and did not socialize. Jackson v. In a prior decision, the Commission found that the Agency failed to accommodate Complainant's religious beliefs. Complainant stated she spent "countless" hours being counseled by her pastor.

In addition, the denial of Complainant's accommodation request resulted in her having to resign from several leadership positions she held within her church. Complainant claimed that the emotional stress exacerbated her pre-existing hypertension, causing her physician to prescribe additional medication for the condition.

The Commission found that while the evidence did not show that the stress caused Complainant's hypertension, it more likely than not aggravated the condition. Complainant stated that the stress caused ongoing difficulties with sleeping and extreme fatigue, and resulted in significant and ongoing hair loss which affected her sense of self esteem.

Complainant presented statements from her doctor, pastor and beautician in support of her claim. White v. Dep't of Def. In a prior decision, the Commission found that the Agency denied Complainant reasonable accommodation in the form of an ergonomic chair and workstation, and ordered the Agency, among other things, to investigate Complainant's claim for damages.

While Complainant experienced back problems prior to the discrimination, the Commission found that the denial of a doctor-prescribed accommodation for a period of 18 months resulted in an aggravation of his condition. In addition, Complainant stated that he suffered from depression, sleeplessness, irritability, problems with concentration, and loss of self-esteem.

Rafalski v. Postal Serv. Following a hearing, an AJ found that Complainant was subjected to disability based co-worker harassment over a two-year period.

The Agency adopted the AJ's finding of discrimination and fully implemented the relief ordered. Complainant appealed the issue of the damage award to the Commission. Complainant testified that he felt distressed, belittled, and suffered loss of enjoyment of life. Complainant's wife indicated that he became extremely depressed, seemed like he was "somewhere else," and stopped taking care of his appearance.

Complainant's psychiatrist testified that she treated Complainant and prescribed multiple medications for his depression and anxiety which were exacerbated by the stressful work environment. Shimko v. Following a hearing, an AJ found that the Agency violated the Rehabilitation Act when it included information regarding Complainant's medical condition in her Proficiency Report which was placed in Complainant's Official Personnel Folder.

Complainant addressed the effect of the impermissible medical disclosure as it related to her efforts to secure employment with other facilities. Specifically, she indicated that she applied to six different Agency facilities and supplied the Proficiency Report as part of the application process.

Complainant also submitted affidavits from her daughter and a friend detailing the emotional distress and financial strain Complainant experienced. Daley v. Complaint of Harassment Improperly Dismissed. Complainant contacted an EEO Counselor on January 26, , and subsequently filed a formal complaint alleging that the Agency subjected her to harassment on the basis of her race.

Complainant included a number of incidents that occurred between July , and January 6, in support of her claim, as well as the Agency's posting of her position while she was on detail in April The Agency dismissed seven allegations which occurred prior to December , for failure to timely contact an EEO Counselor.

In addition, the Agency dismissed allegations concerning Complainant's Supervisor's attempt to reassign her and the posting of her position for failure to state a claim. On appeal, the Commission initially noted that a fair reading of the complaint, in conjunction with a letter Complainant's attorney sent to the Agency, made it clear that Complainant raised a claim of discriminatory hostile work environment.

Complainant's allegations were all linked by a common theme, that her immediate Supervisor harassed her because of her race and made a number of attempts to remove her permanently from his office. Thus, Complainant's allegations, when considered together in the light most favorable to her, stated a viable claim of harassment. The Commission also found that several of the incidents occurred within 45 days of the date she sought EEO counseling, and, as such, her entire hostile environment claim was timely raised.

Thus, the Agency's dismissal of the complaint was improper, and the matter was remanded to the Agency for further processing. Bulluck v. Dismissal Was Improper. Complainant contacted an EEO Counselor on March 8, , and subsequently filed a formal complaint alleging that two Supervisors subjected him to ongoing discriminatory harassment. Complainant cited several specific incidents, including a February 15, mid-year performance counseling, in support of his claim.

He also stated that, after he testified as a witness in a co-worker's EEO complaint, he was subjected to additional retaliatory harassment. The Agency defined Complainant's complaint as including six specific incidents, and dismissed two allegations for failure to state a claim, one allegation as being moot, and four allegations for untimely EEO Counselor contact.

On appeal, the Commission stated that the Agency improperly split Complainant's claim of harassment into separate events and treated them in a piecemeal manner. The Commission then found that, in viewing the events as a single claim of harassment, Complainant contacted the EEO Counselor well within 45 days of the most recent event.

In addition, while the record showed that the performance counseling document had been removed from Complainant's records, the Commission stated that the counseling was part of the larger claim of harassment.

Finally, the Commission found that, when all of the incidents were viewed in the context of Complainant's complaint of harassment, they stated a viable claim. The Commission noted that this was particularly true in the context of Complainant's retaliation claim. Thus, the entire complaint was remanded to the Agency for further processing. Penarendondo v. Dismissal Was Improper in Part.

Complainant filed a formal EEO complaint alleging that the Agency discriminated and retaliated against him when it issued him a Notice of Removal, and did not provide him with adequate union representation. The Agency dismissed the complaint in its entirety. On appeal, the Commission found that the Agency properly dismissed the issue concerning union representation. Specifically, the Commission found that the denial of union representation failed to state a claim under the EEO process.

The Commission concluded, however, that the Agency improperly dismissed the matter concerning the Notice of Removal for failure to timely contact an EEO Counselor. While the record contained a Notice of Removal dated April 20, , the Notice clearly stated that the removal would be deferred until a decision was made on a grievance if one was filed.

Thus, the Commission found that there was no element of finality in that Notice. The Commission noted that the Agency failed to submit documentary evidence of the effective date of Complainant's removal, and therefore, failed to meet its burden of providing sufficient information to support its claim as to timeliness.

Moore v. Complaint Improperly Dismissed for Failure to Cooperate. Complainant filed a formal EEO complaint on the bases of race, color, and age when she was passed over for a regular bid position. The Agency commenced an investigation and sent Complainant a request for an affidavit. The Agency notified Complainant that failure to provide the affidavit would result in the dismissal of her complaint. When Complainant failed to submit the affidavit, the Agency dismissed the complaint for failure to cooperate.

On appeal, the Commission found that there was insufficient evidence to support a conclusion that Complainant had purposely engaged in delay or contumacious conduct, where the affidavit had been delivered to the wrong post office box and Complainant provided sufficient information to permit management witnesses to respond to her allegations. There was sufficient information to allow for adjudication on the merits without Complainant's affidavit, and the Commission remanded the complaint for further processing.

Wilson v. Complainant filed a formal EEO complaint alleging that the Agency discriminated against her and subjected her to harassment. Complainant listed a number of incidents in support of her claim.

The Agency initially accepted the complaint for investigation, and the Investigator requested that Complainant complete an affidavit. Complainant returned the unsigned affidavit with a note indicating that "incorrect information was sent" and stating that she was still in the hospital. The Agency then dismissed the complaint for failure to cooperate.

On appeal, the Commission found that the Agency's dismissal was improper. The Commission noted that Complainant replied to the Investigator's request, indicating that she was hospitalized, and provided a telephone number where she could be reached. Thus, the Commission found insufficient evidence to support the conclusion that Complainant intentionally engaged in delay or contumacious conduct. Further, Complainant provided extensive information in her pre-complaint counseling form and formal complaint, and the Investigator obtained affidavits from five witnesses, including four management officials.

Thus, the matter was remanded to the Agency for further processing. Jarrett v. Dismissal for Failure to Cooperate Improper. Complainant filed a formal EEO complaint alleging that the Agency discriminated against her when it placed her on a Performance Improvement Plan and told her she would be forced to retire. The Agency dismissed the complaint for failure to cooperate, stating that Complainant failed to return a requested affidavit. On appeal, the Commission found that, although the Agency claimed it never received Complainant's affidavit, there was insufficient evidence to support a conclusion that Complainant purposely engaged in delay or contumacious conduct.

Instead, Complainant provided information during the informal stage and in her formal complaint that was sufficient to identify the specific actions she was concerned with, the relevant timeframes, and the responsible officials. In addition, Complainant spoke with the Agency's Dispute Resolution Specialist assigned to her case, and provided information as detailed in the Specialist's report. The Agency also collected extensive evidentiary documentation and an affidavit from the responsible official.

Thus, the Commission concluded that the Agency should have completed its investigation, and allowed for adjudication on the merits on the claim. Delancy v.


Oct 01, 2012

Biblical wilderness is barren and inhospitable. A note to readers: As many congregations return to in-person worship, we want to update our listing of Churches of the Brethren at www. Lifting up Brethren who are active in health care: www. Add a person to the list by sending first name, county, and state to cobnews brethren. The program would provide an insider glimpse into a variety of set-aside ministry roles, from pastoral ministry to being a district executive or a camp administrator. In exchange for 10 weeks of service to the church, Ministry Summer Service interns received a college scholarship in addition to food and lodging costs for the summer. Yet, the lives of young adults and the realities of ministries are not the same as they were 25 years ago.

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Today's Circuitdigest. Warning: This site may contain some obscene material or profanity, so we cannot display its news. Treasury that was sent to primary dealers ahead of their meeting on January 30 to January 31 regarding the Treasury's quarterly Tuesday, Feb. For details, email fitandable nc. Here's the upcoming Troy Beetles, who launched his Datsik brand, continues to evolve as a solo artist while pushing his beloved bass music to new lengths, both on a personal artistry level and as a genre as a whole. From bedroom producer to chart-topping artist, internationally Feedreader Observe. News Company.

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The seven-page report from the Plainfield Township fire investigators provided a detailed look at what happened. In all, the fire that destroyed 12 suites and a popular concourse area could have been prevented, but cold weather which affected the sprinkler system certainly played a part in the incident as well. From MLive. Two employees were working to remodel Suite about a.

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Hello everybody, I am wondering how to use peltier module EVL as a heater? I have a Al block that I want to heat it up by putting the cod side of the peltier module on it. I am wondering which side is working as a reference for temperature. If I connect the peltier module to a power supply , by increasing the voltage, how the temperature varies in both sides? You cannot make it get hot or cold alone.

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