EEOC Appeal 2025000787

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Nerissa S.,1
Complainant,
v.
Chris Wright,
Secretary,
Department of Energy,
Agency.
Appeal No. 2025000787
Hearing No. 531-2021-00395X
Agency No. 20-0061-HQ-EA
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s
October 28, 2024, final order concerning her equal employment opportunity (EEO)
complaint of employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. and the Equal Pay
Act (EPA) of 1963, as amended, 29 U.S.C. § 206(d) et seq. For the following
reasons, the Commission AFFIRMS the Agency’s final order.
At the time of events giving rise to this complaint, Complainant worked as a Nuclear
Engineer, GS-14 at the Agency’s Office of Nuclear Safety and Environmental
Assessments in Germantown, Maryland. 	On August 21, 2020, Complainant filed
an EEO complaint alleging that the Agency discriminated against her based on race
1 	This 	case 	has 	been 	randomly 	assigned 	a 	pseudonym 	which 	will 	replace
Complainant’s 	name 	when 	the 	decision 	is 	published 	to 	non-parties 	and 	the
Commission’s website.

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(Indian), 	national 	origin 	(India), 	sex 	(female), 	and 	color 	(non-white) 	when:
Complainant performed an equal amount of work as her male colleagues for a lower
rate of pay; Complainant was subjected to unfair treatment; Complainant was not
selected for either of the GS-15 positions advertised in Vacancy Announcements
TN-19-EA-00082-MP and TN-19-EA-00082-DE; and the Director made untrue
statements to Complainant regarding her nonselection.
At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of her right to request a hearing before
an EEOC Administrative Judge (AJ). Complainant requested a hearing. On March
20, 2023, both Complainant and the Agency motioned for summary judgment. The
AJ granted summary judgment for Complainant on her Title VII nonselection claim
and her EPA pay discrimination claim, and granted summary judgment for the
Agency on the Title VII pay discrimination claim. To the extent that Complainant
alleged a hostile work environment, the AJ found no evidence to support this claim.
On June 3-4, 2024, the AJ held a hearing on remedies and other relief, and
subsequently issued a decision awarding back pay, liquidated damages, placement
in a GS-15 Nuclear Engineer position or a substantial equivalent, compensatory
damages, and equitable relief. Neither party challenges these remedies on appeal.
The AJ also awarded Complainant $125,956.99 in attorney’s fees and $1,945.23 in
costs. The fee award was based on the amount requested in Complainant’s attorney’s
fee petition ($194,599.00), less $6,603.50 in fees associated with an unsuccessful
motion for sanctions, then reduced by 33% due to the partial success obtained on
Complainant’s claims. On October 28, 2024, the Agency issued its final order fully
implementing the AJ’s findings on liability and all remedies awarded. Complainant
then filed the instant appeal.
Complainant argues on appeal that the AJ erred in finding no discrimination on
Complainant’s Title VII pay discrimination claim and reducing Complainant’s
attorney’s fees. Complainant did not appeal the finding of no discriminatory hostile
work environment. The Agency opposes Complainant’s appeal and argues that its
final order should be affirmed.
Complainant argues that, under EEO regulations, “any violation of the Equal Pay
Act is also a violation of Title VII.” 29 C.F.R. § 1620.27(a).

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The AJ’s decision acknowledges this and awards remedies that give Complainant
the highest benefit to which she is entitled without duplicating relief. The AJ found
that Complainant requested liquated damages in lieu of compensatory damages. The
AJ awarded liquidated damages and therefore awarded no compensatory damages,
which would have amounted to a double recovery.
Regarding attorney’s fees, we find that the AJ did not abuse his discretion in
awarding Complainant reduced attorney’s fees where her attorneys achieved partial
success. Generally, attorney’s fees may not be recovered for work on unsuccessful
claims. Mario G. v. Dep’t of the Air Force, EEOC Appeal No. 0120180942 (June
11, 2019) (citing Hensley v. Eckerhart, 461 U.S. 424, 435 (1983)). Complainant
succeeded in proving her claim of discriminatory nonselection in violation of Title
VII. Complainant also succeeded in proving her claim of pay discrimination in
violation of the EPA. However, as the AJ explained in his decision on liability,
Complainant did not prove her claim of pay discrimination under Title VII.
Substantial 	evidence 	supports 	the 	finding 	that 	Complainant 	failed 	to 	prove
discriminatory intent on the pay claim. 	Furthermore, attorney’s fees are not
available to claims under the EPA. Isidro A. v. Dep’t of Homeland Security, EEOC
Appeal No. 0720170026 (Feb. 6, 2018), request for reconsideration denied, EEOC
Request No. 0520180310 (Aug. 24, 2018).
We find that the AJ did not abuse his discretion in reducing Complainant’s attorney’s
fees by 33% for time spent on EPA claims or unsuccessful Title VII claims. The
Agency’s order providing remedies (including attorney’s fees), remains in place.
Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision
and the relief ordered by the AJ.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1125)
The Commission may, in its discretion, reconsider this appellate decision if
Complainant or the Agency submits a written request that contains arguments or
evidence that tend to establish that:
1. 	The appellate decision involved a clearly erroneous interpretation of
material fact or law; or

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2. 	The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Sector
(OFS) within thirty (30) calendar days of receipt of this decision. 	If the party
requesting reconsideration elects to file a statement or brief in support of the request,
that 	statement 	or 	brief 	must 	be 	filed 	together 	with 	the 	request 	for
reconsideration. 	A party shall have twenty (20) calendar days from receipt of
another party’s request for reconsideration within which to submit a brief or
statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015).
Complainant should submit their request for reconsideration, and any statement or
brief in support of their request, via the EEOC Public Portal, which can be found at
https://publicportal.eeoc.gov/Portal/Login.aspx. 	Alternatively, Complainant can
submit their request and arguments to the Director, Office of Federal Sector, Equal
Employment Opportunity Commission, via regular mail addressed to P.O. Box
77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE,
Washington, DC 20507. 	In the absence of a legible postmark, a complainant’s
request to reconsider shall be deemed timely filed if OFS receives it by mail within
five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the
EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either
party’s request and/or statement or brief in opposition must also include proof of
service on the other party, unless Complainant files their request via the EEOC
Public Portal, in which case no proof of service is required.

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Failure to file within the 30-day time period will result in dismissal of the party’s
request for reconsideration as untimely, unless extenuating circumstances prevented
the timely filing of the request. 	Any supporting documentation must be
submitted together with the request for reconsideration. 	The Commission will
consider requests for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. § 1614.604(f).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124)
You have the right to file a civil action in an appropriate United States District Court
within ninety (90) calendar days from the date that you receive this decision. 	If
you file a civil action, you must name as the defendant in the complaint the person
who is the official Agency head or department head, identifying that person by their
full name and official title. Failure to do so may result in the dismissal of your case
in court. 	“Agency” or “department” means the national organization, and not the
local office, facility or department in which you work. If you file a request to
reconsider and also file a civil action, filing a civil action will terminate the
administrative processing of your complaint.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION-EQUAL PAY ACT
(Y0408)
You are authorized under section 16(b) of the Fair Labor Standards Act (29 U.S.C.
§ 216(b)) to file a civil action in a court of competent jurisdiction within two years
or, if the violation is willful, three years of the date of the alleged violation of the
Equal Pay Act 	regardless of whether you have pursued any administrative
complaint processing. The filing of the civil action will terminate the administrative
processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you.

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You must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s
Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere __________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 15, 2026
Date