EEOC affirms being a service-disabled veteran is not a separate protected class under EEO law. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) for review of the Opinion and Order of the Merit Systems Protection Board (MSPB) concerning his allegations of discrimination based on disability (disabled veteran) when he was removed from his position as a result of a reduction in force. The MSPB Administrative Judge (AJ) found that the Agency had not engaged in discrimination and had followed proper procedures for a reduction in force. Petitioner filed a petition with the full MSPB board asserting that his status as a disabled veteran was not considered and the AJ did not look at all the evidence. Following the Board’s denial of the petition, Petitioner petitioned the EEOC’s Office of Federal Operations (OFO) for reconsideration.
During reconsideration, the OFO noted that the petitioner’s status as a “service-disabled veteran” does not confer upon him a protected status under EEO law. The OFO further noted that the file had no information regarding Petitioner’s alleged disability. As a result the OFO held that the Petitioner had not established a prima facie case of disability discrimination and therefore upheld the MSPB Board’s finding that the removal was not the result of unlawful discrimination.
Lawrence Cabral v. General Services Administration, EEOC Appeal No. 03990131 (February 17, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/03990131.txt
Kirk J. Angel represents federal employees nationwide in EEO claims and in hearings before the EEOC and MSPB. You can set a free 15 minute consultation with Attorney Angel right on this website.