A discriminatory job reference: Thomasina B. administrative appeal

Reported facts

A supervisor’s negative reference led to rejection for another federal job, despite favourable evaluations. EEOC found the explanation inconsistent and unsupported, and discrimination played a role.

Published outcome

EEOC reversed the agency’s no-discrimination finding, ordered another official to give future references, and required further investigation of damages. It did not set a final damages figure.

Limits when comparing your own situation

The applicant was still employed; this is included for reference-related job transitions. Federal administrative procedures are distinct from private-sector claims and other countries’ rules.

Questions to prepare for your own situation

• Do I know who supplied the reference and its exact contents?
• How does it compare with existing performance records?
• What evidence links the reference to the lost opportunity?

These preparation questions are our editorial guidance, not findings in the original case.