NAGE Wins Compensatory Damages, Backpay, Attorney’s Fees and Costs for Member in Discrimination Fight
November 16, 2007
Washington Regional Counsel Edward Elder won compensatory damages, backpay, attorney’s fees and costs in a discrimination battle that lasted more than four years involving a NAGE bargaining unit member employed at the Defense Commissary Agency in Fort Lee, Virginia (DeCA). The employee, who was fired by DeCA in 2003, was awarded over $40,000 in compensatory damages and costs and over $56,000 in attorney’s fees after an earlier decision awarding her reinstatement to her position and backpay.
“This was a significant win for our member and one that was much deserved,” said Elder. “It was a long battle, but justice finally prevailed in this case.”
In 2003, Carolyn Gray, a member of Local R4-45, was fired from her position as a Commissary Support Clerk after she complained to an EEO counselor about the agency’s failure to provide reasonable accommodation for her a back and shoulder injuries. Rather than accommodate Ms. Gray, the agency subjected her to increasing harassment, and repeatedly denied union representation prior to terminating her.
Assisted by Local President Roy Morrisette and Vice President Wallace Dillard, Ms. Gray filed a discrimination complaint alleging discrimination based on race, disability and retaliation. DeCA fought the case on procedural grounds for over four years before Attorney Elder won a decision on the merits on September 5, 2007. At the hearing, Attorney Elder proved that managers attempted to prevent Ms. Gray from talking to her union representatives after they helped her file her EEO claim – a clear case of reprisal. Attorney Elder was also successful in proving that management failed to provide Ms. Gray with any accommodation even after managers knew that she was injured.
The damages award is intended to compensate Ms. Gray for physical injuries and the emotional pain caused by the termination.