The record reveals that complainant, a Revenue Officer, GS-12, at the
agency’s Farmington, New Mexico facility, filed formal EEO complaints on
October 31, 1997, March 18, 1998 December 28, 1998, October 22, 1999.
He alleged that the agency had discriminated against him on the bases
of his race (Caucasian), gender (male), and age (D.O.B. 8/30/50) and in
retaliation for prior EEO activity when:
(1) on May 5, 1997 complainant was denied a temporary management
assignment;
he was denied certification for management in June 1997;
he was not selected for the position of Supervisory Revenue Officer
under Vacancy Announcement No. 0965 S98No46B in March 1998;
he was not selected for Supervisory Revenue Officer under Vacancy
Announcement MEL-SC-98-0275 in August 1998;
he was not selected for Supervisory Revenue Officer under Vacancy
Announcement MEL-SC-99-197 in July 1999;
he was not selected for Supervisory Revenue Officer under Vacancy
Announcement MEL-SC-00-011 in December 1999;
he was subjected to a hostile work environment because he engaged in
protected EEO activity.
ORDER (D0403)
The agency is ordered to take the following remedial action:
(1) Within 60 days of the date this order becomes final, the agency will
promote complainant to the position of Supervisory Revenue Officer GS-13,
or if not available, a substantially equivalent position in terms of
responsibility and pay. This appointment will be retroactive to the
effective date of the selection for the position located in San Diego
advertised between May and June 1997;
(2) The agency shall pay complainant back pay retroactive to June 1997
or the effective date of its selection for a supervisory position in
San Diego. The agency will determine the appropriate amount of back
pay, with interest, and other benefits due complainant, pursuant to 29
C.F.R. § 1614.501, no later than sixty (60) calendar days after the date
this decision becomes final. The complainant shall cooperate in the
agency’s efforts to compute the amount of back pay and benefits due,
and shall provide all relevant information requested by the agency.
If there is a dispute regarding the exact amount of back pay and/or
benefits, the agency shall issue a check to the complainant for the
undisputed amount within sixty (60) calendar days of the date the
agency determines the amount it believes to be due. The complainant
may petition for enforcement or clarification of the amount in dispute.
The petition for clarification or enforcement must be filed with the
Compliance Officer, at the address referenced in the statement entitled
“Implementation of the Commission’s Decision.”
(3) The agency will expunge any and all agency records regarding or
referring to the denial of certification of complainant for management
from May 1997 forward which were found to be discriminatory and any other
agency records or memoranda which referred to the discriminatory conduct.
