The EEOC granted reconsideration of its previous decision and held that a former federal employee was retaliated against when he was denied employment as a background investigation contract services (BICS) special investigator with the FBI. Doyle v. Department of Justice, EEOC Appeal No. 0120064115 (10/12/07). Appellant, a former FBI employee, had filed an EEO complaint while an employee asserting that a demotion was due to his gender. He retired while the litigation was pending and applied for the contract position.
When he filed a second complaint over the denial of the contract position with the FBI, it was dismissed on the ground that the BICS position was for an independent contractor, not an employee. The FBI determined that because he was not an applicant for a federal position, he could not file an EEO complaint against the Bureau. Initially the EEOC’s Office of Federal Operations upheld the agency’s contention. But appellant filed a request for reconsideration which was affirmed on appeal by the EEOC.
The commission found that the BICS special investigator position was “the most common post-retirement position sought by retired FBI agents.” In granting reconsideration, the EEOC cited the Supreme Court’s decision in Robinson v. Shell Oil Co., 519 U.S. 337 (1997), holding that former employees are including within the definition of “employee” under Title VII of the Civil Rights Act of 1964 as amended. The commission went on to state that “In light of the particular circumstances in this case, we find that the complainant had presented a cognizable claim of unlawful retaliation.” The case was remanded to the FBI for a merits determination.
* This information is provided by the attorneys at Passman & Kaplan, P.C., a law firm dedicated to the representation of federal employees worldwide. For more information on Passman & Kaplan, P.C., go to http://www.passmanandkaplan.com.
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