Texas Air National Guard Ignores EEO Decisions, says The Law Office of Michael D.J. Eisenberg
WASHINGTON, March 17, 2015 /PRNewswire-USNewswire/ -- The United States Equal Employment Office found that TXANG discriminated against its civilian employee, Tina Neville, for sex/gender and disability. TXANG has been ordered to pay Ms. Neville, a dual status aircraft mechanic, federal employee and Master Sergeant in the Air National Guard, $150,000 in non-pecuniary damages, back pay with interest, benefits and $63,675 in attorney's fees, as well as upgrade Ms. Neville's performance appraisal. After exhausting its right to appeal, the TXANG has simply chosen to ignore the EEO mandate. Neville v. Donnelly, 114 FEOR 75, 113 LRP 39313 (August 1, 2013)
On June 25, 2007, at the Lackland Air Force Base in San Antonio, TX, Ms. Neville suffered a permanent disability. Ms. Neville had been placed on light duty due to her hysterectomy and severe endometriosis. Her new supervisor informed her that she needed to go back to full duty. While lifting a 70-pound ladder off a plane, her lack of stomach muscle from surgery caused her to collapse, suffering nine herniated discs in her back, nerve damage from back to arms and legs and an injured right knee.
The following day, Ms. Neville's supervisor issued her an annual performance appraisal rating of "fully successful", although she had previously received "outstanding" ratings and the narrative mirrored her prior reviews.
On June 27, 2007, Ms. Neville filed an EEO complaint alleging that the agency discriminated against her on the bases of sex and disability.
After two "wins" before the EEO, Ms. Neville has had to resort to filing a Petition for Enforcement with the Office of Federal Operations branch of the EEO. Compliance with the commission's corrective action is mandatory, but instead, Ms. Neville was informed an investigation would be conducted. To date, no military investigator has contacted her and no progress reports or final investigations have been provided.
Ms. Neville continues to experience constant and significant pain nearly eight years after the injury. She is 100% permanently disabled, and without the EEO-awarded financial compensation from TXANG, she has trouble with the day-to-day tasks of living. In addition, Ms. Neville has suffered anxiety attacks, loss of self-confidence, loss of independence and fears that she has become a burden to friends and family.
Please direct any inquiries to Ms. Neville's attorney, Michael D.J. Eisenberg, at 202-558-6371 or by e-mail at [email protected]. Mr. Eisenberg is happy to answer questions and arrange interviews with Ms. Neville.
SOURCE The Law Office of Michael D.J. Eisenberg
Share this article