VICTORY! EEOC Rules in Favor of Employee Denied Promotion at OSHA: Awards Back Pay, Pain and Suffering Damages, Attorney Fees

May 15, 2022

VICTORY: EEOC Awards Damages for Failure to Promote at OSHA

THE BACKGROUND

 Following an unjust denial of a promotion by his employer, an employee working at the Occupational Safety and Health Administration (OSHA), a Federal Agency, sought legal counsel from Employment Attorney Raymond Nardo.

 

THE CASE

 Employment Attorney Ray Nardo meticulously prepared the employee’s case, aware that all evidence would be thoroughly tested.  A period of discovery ensued, leading to a trial before an Administrative Judge appointed by the Equal Employment Opportunity Commission (EEOC). Throughout the proceedings, witnesses from both sides were presented, examined and cross-examined.

 

THE CONCLUSION

 After careful deliberation, the Administrative Judge delivered a written ruling in favor of the employee, affirming that he had been unlawfully denied a promotion which he deserved. As part of the ruling, the Administrative Judge mandated the employee's promotion to the supervisory position he had been denied, along with retroactive back pay to compensate for the lost opportunities and financial hardships endured during this period.

 

In addition, recognizing the emotional toll inflicted upon the employee due to the unjust treatment, the Administrative Judge also granted compensatory damages for pain and suffering. Furthermore, in acknowledgment of the diligent advocacy provided by Employment Attorney Raymond Nardo, the Administrative Judge awarded that OSHA pay his counsel fees.

 

This significant victory not only rectifies the injustice suffered by the employee, but also serves as a testament to the effectiveness of the EEOC's adjudicatory process in addressing instances of employment discrimination and promoting a fair and equitable work environment.

 

It also underscores the vital role of expert legal counsel in safeguarding the rights and interests of workers against discriminatory practices in the workplace, especially in cases where an individual employee has a dispute against a powerful government agency, like OSHA.

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