EEOC affirms FADs against federal employee. Complainant filed two appeals from two separate Final Agency Decisions (FADs) concerning his Equal Employment Opportunity (EEO) complaints alleging discrimination on the bases of age, disability (disabled veteran, limited respiratory capacity), and in retaliation for prior EEO activity. Complainant alleged various actions were to be discriminatory or retaliatory. Following the investigation Complainant requested a hearing but ultimately withdrew his hearing request due to “health limitations and overburdening caused by the hearing process” and requested final decisions. The Agency issued its FADs finding no discrimination and Complainant appealed to the Equal Employment Opportunity Commission (EEOC).

In its FADs the Agency issued a finding of no discrimination without evaluating whether Complainant had established a prima facie case of discrimination because the Agency articulated legitimate nondiscriminatory reasons for its employment decisions. The Agency further found that Complainant did not meet his burdens of proof for any of his discrimination or reprisal claims as he did not present the medical documentation necessary to show he met the definition of disabled and failed to show he was denied any reasonable accommodation. Regarding the reprisal claims, the Agency asserted it had legitimate, nondiscriminatory reasons for its actions and Complainant failed to meet his burden of proving he was discriminated against by a preponderance of the evidence. On appeal, the EEOC’s Office of Federal Operations (OFO) affirmed the Agency’s FADs, finding that the Agency had properly analyzed all of the claims and made no errors in its evaluations.

Bellatoni v. Department of the Navy, EEOC Appeal No. 01A15022 (March 24, 2003) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01A15022_and_01A20212.txt