ADH Wins Retaliation Case Against the Smithsonian

Sundeep Hora received a favorable decision from the OFO affirming the Administrative Judge’s decision that the Smithsonian had retaliated against his Client by issuing an unwarranted reprimand after the Client submitted an affidavit in support of his supervisor, as part of the investigation into the supervisor’s claims of retaliation and discrimination. Both the Client’s second level supervisor (a zone manager at the Smithsonian) and his third level supervisor (the Director of the Office of Facilities Management & Reliability (OFMR)) were found to have retaliated against the Client. The AJ’s decision was affirmed in all respects.  

The OFO ordered the Smithsonian to: (1) post notices in conspicuous areas notifying all OFMR employees that the Smithsonian was found to have retaliated against one of its employees; (2) provide mandatory EEO training to the Responsible Management Officials (RMO) responsible for the retaliation; (3) consider disciplinary action against the RMOs; and (4) pay compensatory damages to the Client and reasonable attorney’s fees incurred in prosecuting the action.