Research Notes

EEOC awards damages, fees and costs to legacy CBP employee because employer lost relevant evidence

An EEOC Administrative Judge awarded back pay and other damages, plus attorney fees and litigation costs, where the employing agency (Customs & Border Patrol, now part of Homeland Security) failed to preserve relevant evidence.  Our client claimed sex discrimination resulted in his not being promoted for a number of job openings.  When the case finally came to a hearing years later, Homeland Security had destroyed the promotion packet of the female employee selected for the earliest of the promotions.  This deprived our client of the ability to show he was substantially better qualified than she, resulting in an award in his favor.

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