EEOC: Agency failed to properly evaluate federal employee’s disability. Complainant, a federal employee, filed an EEO alleging disability discrimination. Specifically he alleged that the VA perceived him as disabled and took action against him because of his perceived disability. At the end of the investigation, instead of requesting a hearing before an EEOC administrative judge, he requested a final agency decision (FAD). The VA issued the FAD finding no discrimination against Complainant. He then filed an appeal with the Employment Opportunity Commission (EEOC). The EEOC’s Office of Federal Operations (OFO) analyzed whether a rescinded job offer based on the Agency’s vision standard is a violation of the Rehabilitation Act. The OFO concluded that the standard was not a violation by itself. However, the application of that standard could be. The OFO remanded the matter to the Agency with instructions to do an individualized assessment of Complainant’s abilities. If the Agency were to determine Complainant’s condition posed a direct threat, then it was required to inform Complainant of that in writing. If not, then the Agency must hire Complainant and give him back pay.
Joshua F. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120181309 (Aug. 30, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181309.pdf
Attorney Kirk J. Angel represents federal employees throughout the United States in EEO investigations and EEOC hearings. If you are a federal employee facing discrimination or reprisal, you can set your own free 15 minute consultation with Attorney Angel right on this website.