Adkins v. FDIC, EEOC Appeal No. 0720080052 (OFO Jan. 13, 2012).

I am happy to report a major win at the EEOC's Office of Federal Operations (OFO). In this case, the OFO upheld the administrative judge's grant of default judgment against the Federal Deposit Insurance Corporation (FDIC), and an award of fees. This case has a very long history, dating back to our client's non-selections in 1999 and 2000. The administrative judge awarded default judgment against the agency because, among other things, the agency: failed to timely investigate the complaint, failed to provide the Report of Investigation to the client, failed to provide the Report of Investigation to the administrative judge when ordered, sua sponte decided that the administrative judge did not have jurisdiction, claiming a mixed case divested the EEOC of jurisdiction, and issuing a Final Agency Decision on its own.

The agency appealed the administrative judge's decision in 2008, an appeal has been pending at the OFO all this time. Finally, in a lengthy decision, the OFO sustained the judge's grant of summary judgment against the agency and the award of fees. As remedies, the agency is required to, among other things : 1) offer a position to the client; 2) provide back pay and benefits, with interest, to the date of non-selection - 1999!!; 3) fees and costs associated with the appeal.

This case is also notable because it clearly reasserts the viability of the "firmly enmeshed" doctrine whereby the EEOC can retain jurisdiction of adverse actions in "mixed cases."

– submitted by Joseph V. Kaplan

Newsletter Volume: 
Newsletter - January/February 2012
January