Key facts
- The EEOC denies issuing an order to halt all federal-sector class discrimination complaints.
- The agency attributes a recent suspension to an administrative judge's error.
- A sexual harassment case filed on behalf of female prison guards was reportedly paused.
- EEOC Chief Operating Officer Sharon Rose stated the judge's notification was an 'isolated incident' and issued 'in error'.
- The EEOC has transferred the case to another administrative judge who has scheduled further proceedings.
- Attorneys for the plaintiffs claim evidence indicates a broader, intentional suspension affecting multiple cases.
The U.S. Equal Employment Opportunity Commission (EEOC) has denied halting federal-sector class discrimination complaints, stating that an administrative judge mistakenly suspended proceedings in a sexual harassment case and applied it to all federal-sector class claims. In a court document filed Thursday, EEOC Chief Operating Officer Sharon Rose called the judge's notification an "isolated incident" issued "in error."
The EEOC has since transferred the case to a new administrative judge who has scheduled further proceedings. A Justice Department attorney, James Harlow, sent a letter to the plaintiffs' attorneys on Monday with the same explanation and requested they drop their motion for a preliminary injunction, noting that the "Defendants agree that processing of federal-sector class complaints should not be suspended."
However, attorneys for the plaintiffs, including Joseph Sellers, argue that evidence contradicts the EEOC's claim of an isolated error. Sellers stated that they represent federal workers in at least five other class complaints that have been stalled for months, including cases against the FBI and the Department of Defense. He noted that administrative judges in two of those cases also issued scheduling orders only this week, after the lawsuit was filed, suggesting the suspension was not accidental.
The lawsuit was filed by the American Federation of Government Employees and two female correctional officers at the Federal Correctional Complex in Pollock, Louisiana, who allege management failed to stop inmate sexual harassment. The plaintiffs' attorneys are willing to discuss resolving the issue with the Justice Department outside of court.