EEOC affirms USPS decision finding employee was not discriminated against. Complainant filed and Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability (neck and back) when she was forced out of work as a Rehabilitative Employee. Following the initial investigation, the Agency issued a Final Agency Decision (FAD) concluding that Complainant failed to establish a prima facie case of disability discrimination because she failed to establish that she was an individual with a disability. Complainant then appealed to the Equal Employment Opportunity Commission (EEOC).

On appeal, the EEOC’s Office of Federal Operations (OFO) first stated that the Complainant’s claim is better framed as discrimination on the basis of disability when the Agency failed to provide her with a reasonable accommodation, and treated her in a disparate manner when she was not allowed to return to her limited duty position. Despite this, the OFO held that assuming Complainant was a qualified individual with a disability she failed to establish that the Agency did not provide her with a reasonable accommodation. Further, the OFO held that Complainant was unable to establish that similarly situated employees were treated differently than her and therefore she could not succeed in her disability discrimination claim. The OFO affirmed the Agency’s FAD.

Rebecca A. Jackson v. United States Postal Service, EEOC Appeal No. 01A44364 (April 17, 2006)