(704) 706-9292

EEOC agreed with Agency that federal employee failed to show that she had a disability. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of sex (female), age (10/12/1953), race (Black), disability (stress and depression), and in retaliation for prior protected activity when she was denied annual leave in lieu of sick leave, was placed on Absence Without Leave (AWOL), was not allowed to work her non-scheduled day, was not allowed to work her holiday, was issued a Letter of Notice of Removal, was issued a Letter of Denial of Annual Leave, was issued a Letter of Demand, and her manager publicly yelled at her and threatened her with removal Complainant to feel ill and thereafter Complainant went home on requested leave.  Following the initial investigation and hearing, an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ) issued a decision finding Complainant was discriminated against for the Agency’s failure to reasonably accommodate her disability and for her prior protected activity, but was not discriminated against on any other bases or in any other claim. The Agency issued a Final Agency decision finding no discrimination, and Complainant appealed to the EEOC’s Office of Federal Operation (OFO).

On appeal the OFO agreed with the Agency and found that the Complainant failed to show that she has a disability as defined by the Rehabilitation Act because she failed to show that her claimed disabilities substantially limited any major life activities. As a result, the OFO found that the Agency did not discriminate against Complainant on the basis of disability. The OFO then found that there was not substantial evidence in the record to support the AJ’s finding that the Agency had knowledge of Complainant’s prior protected activity, and therefore did not discriminate against the Complainant in that regard either. The OFO affirmed the Agency’s FAD finding no discrimination.

Jessie B. Hayes v. United States Postal Service, EEOC Appeal No. 01A00612 (May 16, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01a00612.txt