The Army at Fort Eisenhower, previously Ft. Gordon, agreed to reinstate an employee to her position and awarded her $106,000 in compensatory damages and $224,576 (with interest) in back pay following a series of discrimination and wrongful termination complaints.
Kelly Daniels was a management and program analyst at Ft. Gordon, Ga., when she filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) against management in 2017. They terminated her a year later, prompting her to file with the EEOC, the Merit Systems Protection Board (MSPB), and the Office of Federal Operations (OFO).
Daniels and the Army recently reached a settlement. Although the Army did not admit to violating any federal or state statutes, the service agreed to award compensatory damages and attorney’s fees.
They also agreed to remove the letter of reprimand, notice of needs improvement period, suspension, 2016-2017 performance appraisal, removal, and any other derogatory entry from January 20, 2017, through July 24, 2018, from her employment record.
They agreed to restore all her leave for nearly 2.5 years, convert all charges of AWOL (absent without leave) and Leave Without Pay to administrative leave or regular graded time, and provide applicable back pay. They also agreed to let her remain in her position as a management analyst.
The settlement occurred on Nov. 22, 2022, but it took nearly a year for the employee to receive full compensation, including attorney’s fees. Additional involvement from an MSPB Judge and Congressman Rick Allen’s office was necessary for the lengthy delays with Defense Finance and Accounting Service (DFAS) in getting payments, back pay, and leave restored. Finally, at long last the employee has been compensated and made whole.
“Just like DeMarcus Cousins said, ‘God gives His hardest battles to His strongest soldiers’,” said Daniels.
AFGE Local 2017 President Larissa Ranaldson said this is a great victory for workers.
“This case not only represents an astounding victory for Ms. Daniels and Local 2017, it serves as evidence that the steadfast and unyielding commitment and service to our AFGE brothers and sisters is not to be taken lightly,” said Ranaldson. “We are very pleased with the successful outcome of this case and now more than ever, we are confident that there are more triumphs on the horizon in the near future.”