AFGE Wins Unprecedented Damages Award in EEO Case Against TSA

Washington, D.C., April 17, 2009 – In another workplace victory for the American Federation of Government Employees, the Equal Employment Opportunity Commission last week found that the Transportation Security Administration discriminated against a Washington Dulles TSA employee and awarded him over $200,000 in damages.

The EEO suit resulted from the TSA's discriminatory transfer of a disabled Transportation Security Officer from a teaching position to a screening position. The TSO's disability required him to use a cane and limited his ability to walk and stand. The TSO successfully performed the duties of a TSA Approved Instructor and received an "exceeds" rating on his annual performance review. Despite this performance, the TSA arbitrarily transferred him from the teaching position to a screening position which requires up to eight hours of standing. As a result of this illegal transfer, the TSO had no choice but to request disability retirement.

AFGE subsequently filed a complaint with the EEOC on his behalf, alleging discrimination based on disability.

The EEOC's ruling was a stinging rebuke to the TSA, which argued that the Rehabilitation Act – which prohibits disability discrimination and requires employers to provide a reasonable accommodation to disabled employees – did not apply to TSOs.  The administrative judge found that the reasons offered by TSA to justify its actions were disingenuous, illogical, and unreasonable. In her decision, the judge stated that the testimony of several TSA witnesses raised serious questions about TSA's understanding of its obligation under the Rehabilitation Act.  The judge further noted that the HR specialists at Dulles did not seem to understand even the basic tenets of the law. 

The judge awarded the TSO two years of back pay and $150,000 in damages for emotional pain and suffering. She also ordered TSA to train its management and HR team at Dulles on disability rights, and post a notice to all TSA employees at Dulles about the finding and their right to be free from discrimination at the workplace. 

"This is just the latest example of AFGE's strong representation on behalf of TSOs," said AFGE President John Gage. "While other so-called unions have been playing it safe, AFGE has been blazing a representation trail for TSOs system-wide. Make no mistake, AFGE is the only union with a record of representing TSOs from the beginning."