Final Decision Issued in Julia Davis EEOC Case Against the Department of Homeland Security

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Department of Homeland Security found liable in an EEOC case.

A final decision was issued in the complaint of discrimination filed by former Customs and Border Protection Officer Julia Davis against the Department of Homeland Security (EEOC No. 340-04-00317X). The Honorable Administrative Judge Daniel Leach found the Agency liable, awarding to Julia Davis damages, attorney fees and costs in excess of $225,000.00 dollars. Ms. Davis was represented by Beverly Hills attorney David Ross of Ross, Rose and Hammill, LLP.

Judge Leach ruled that Ms. Davis “established agency culpability of an egregious sort and has been awarded a significant sum in damages because of the effects of the agency's unlawful discrimination.” The Judge found the harasser’s inappropriate conduct and the Agency's complicity so objectively offensive as to alter the conditions of Davis' employment as a CBP Officer at the San Ysidro Port of Entry, the nation's biggest and busiest border crossing.

The Judge ruled that given the nature and depth of the Agency's betrayal of Davis, no reasonable person could have continued working in such an employment environment. EEOC Judge Leach stated, “... I find that based on the record in the case, complainant has established not only that the Agency engaged in illegal conduct, but also that the conduct was intolerable to a reasonable person because it was especially humiliating and included unnecessary harassment. Secondly, I find that complainant's resignation was caused by, or in response to, the illegal treatment.”

On August 18, 2005 the Department of Homeland Security filed a Motion to Hold Issuance of Decision in Abeyance, which was denied by the AJ Leach on August 22, 2005. A final EEOC decision in favor of Davis was issued on the same day. In addition to compensatory damages, the Department of Homeland Security was ordered to take a series of remedial actions, including but not limited to compulsory EEO training programs for all managers and staff at the San Ysidro Port of Entry, as the Judge found “there exists at this facility a culture which trivializes and minimizes the appropriate status and position of females.”

Davis holds a Masters degree in Aviation and Spacecraft Engineering and fluently speaks multiple languages. Davis also worked as Academy Award winner Angelina Jolie's stunt double during her employment in the film industry, which preceded her federal law enforcement position.

Davis stated: “This decision is an important step in safeguarding civil rights of federal employees and holding agencies accountable for failing to prevent and to timely curtail unconstitutional actions in the workplace.”


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David Ross
Ross, Rose and Hammill, LLP
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