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EEOC affirms MSPB finding of no unlawful removal of USPS employee as he was unable to perform. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) for review of the final order of the Merit Systems Protection Board (MSPB) concerning his allegations of discrimination on the basis of disability. His claim arose when he was removed from the position of Mail Handler. After submitting documentation regarding his physical limitations, Petitioner was offered a job he was unable to perform because of his physical limitations, and after declining said position was told to go home. Petitioner then filed a petition with the MSPB Administrative Judge (AJ) and in accordance with an agreement with the Agency, Petitioner was placed in an administrative leave status indefinitely and provided an apportioned amount of back pay. The Agency also attempted to locate duties for Petitioner to accomplish as an accommodation. Not long after, Petitioner was recommended for removal on the grounds that he was unable to perform the duties for which he was hired. After the initial hearing the AJ found that the Petitioner was not a qualified individual with a disability because he was unable to perform the duties necessary for his position. Petitioner then filed a Petition for Review (PFR) with the full Board, which was denied, and subsequently filed a petition for reconsideration with the EEOC.

On reconsideration the EEOC’s Office of Federal Operations (OFO) held that Petitioner was not a qualified individual with a disability because he was unable to perform the necessary duties of the job he was hired for, and there were no vacant positions for which he was qualified. The OFO concurred with the final decision of the MSPB finding no discrimination.

Elivin H. Brown v. United States Postal Service, EEOC Appeal No. 03770073 (November 9, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/03990073.txt

Federal employee attorney Kirk J. Angel has practiced for over  26 years and represents federal employees throughout the US.  Set your free 15 minute consultation right on his website.