EEO Judge Awards Attorney's Fees to TSA Union

Washington, D.C., Aug. 14, 2009 – An Equal Employment Opportunity Commission judge has ordered the Transportation Security Administration to pay the American Federation of Government Employees $42,856 in attorney's fees for a case in which a Dulles TSA employee was discriminated against because of his disability.

The suit resulted from the TSA's discriminatory transfer of a disabled Transportation Security Officer from a teaching position to a screening position four years ago. 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 (TAI) 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. In siding with AFGE, 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. 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 judge found that the reasons offered by TSA to justify its actions were "disingenuous, illogical, and unreasonable."

AFGE had sought $43,399 in attorney's fees, but the agency was willing to pay only $35,000 and refused to pay fees for post-hearing brief writing in excess of eight hours. The judge, however, sided with AFGE and dismissed most of the agency's arguments, reducing the award for fees by a mere one hour and 35 minutes.

"This is yet another example of AFGE's remarkable representation record at TSA," said AFGE General Counsel Mark Roth. "This is the first time in TSA's history that the agency has been made to pay attorney fees in an EEO case. We have been setting precedent after precedent through our representation of TSA employees over the past eight years. No other union can truthfully make this claim. In fact, while other unions are busy telling TSOs that they have no representation rights, AFGE just keeps answering the Hotline and stepping up to the plate."

To learn more about AFGE and how we are fighting to win full workplace rights for TSA employees nationwide, visit us at www.tsaunion.net . If you need workplace representation, call the AFGE Hotline at 1-866-392-6832.