FEDERAL EEO OFFICER SETTLES HER CASE FOR $404,000
In September, 2008, we settled a Title VII retaliation case, Perry v. Tschetter (United States Peace Corps), for $404,000.00. The case is interesting primarily because it raised the issue of whether EEO officers in the federal sector owe their agencies a duty to cover up management discrimination. The Peace Corps had fired Ms. Perry, allegedly for hiring this firm to represent her while we were also representing another individual with a related complaint against the Agency. After several years, the Peace Corps was ready to settle after the Deputy Director was deposed. She had been appointed to act as EEO Officer with respect to Ms. Perry's Complaint and also as deciding official on the discipline. The Equal Employment Opportunity Commission's Management Directive 110, forbids the comingling of those roles. In addition, she was completely unable to justify the actions taken. It seems that the Peace Corps was not particularly interested in litigating out the Deputy Director's conduct or whether it was terminable misconduct for an EEO Officer to hire a lawyer who was also representing another complainant.