EEOC OVERTURNS DISMISSAL IN PASSMAN & KAPLAN CASE

In its January 28, 2015, decision in Complainant v. Department of the Air Force, EEOC Appeal No. 0120142407, the EEOC’s Office of Federal Operations (OFO) overturned the Air Force’s dismissal of an EEO complaint, remanding it for investigation. The Complainant was a contract employee, but based on Passman & Kaplan‘s argument, OFO found that the Complainant was a ‘joint employee’ of the Air Force entitled to file complaints in the federal-sector EEO complaints process. OFO also found that Complainant had properly stated claims for harassment, reassignments and constructive discharge. OFO also rejected the Air Force’s claim that Complainant’s EEO complaint was untimely, relying on written documentation issued by the Air Force’s EEO office which showed the EEO office improperly turning the Complainant away 3 years earlier when the Complainant attempted to initiate an EEO complaint at that time. OFO ordered the Air Force to accept the complaint and promptly conduct an investigation. The Complainant was represented by P&K Founding Principal Joseph V. Kaplan and P&K Senior Associate Andrew J. Perlmutter.