EEOC affirms dismissal of federal employee’s case finding no discrimination or reprisal. Complainant filed a complaint an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of reprisal, age (47), and disability (back condition and internally deranged knee). Following the initial investigation, Complainant requested a Final Agency Decision (FAD). The Agency issued a FAD finding that Complainant had established prima facie cases on all the bases alleged. However, the FAD concluded that Complainant failed to show that the Agency’s actions were pretext for discrimination. Complainant appealed.

On appeal, the Equal Employment Opportunity Commission’s (EEOC) Office of Federal Operations (OFO) held that although Complainant is a person with a disability, his impairments did not rise to the level of disability that substantially limits a major life activity, and therefore failed to establish a prima facie case of disability discrimination. The OFO further held that Complainant failed to establish he was discriminated against on the basis of reprisal. In regards to age discrimination, the OFO held that Complainant did establish a prima facie case of age discrimination; however, under the ADEA Complainant’s ultimate burden is to establish that age was a determining factor in his non-selection- which he failed to do. The OFO affirmed the Agency’s final decision finding no discrimination.

Ira C. Muse v. Department of Justice, EEO Appeal No. 01983649 (March 9, 2000)

Attorney Kirk J. Angel represents federal employees throughout the US in EEO investigations as well as hearings before the EEOC and MSPB. You can set a free 15 minute consultation with Attorney Angel right on this website.