EEOC agrees with Agency finding no disability discrimination against employee. Complainant filed an Equal Employment Opportunity (“EEO”) complaint alleging discrimination on the basis of disability when he was terminated from his position and denied several reasonable accommodation requests. Following the initial investigation, Complainant did not request a hearing, so a Final Agency Decision (“FAD”) was issued finding that no discrimination. The FAD found that while, the Complainant was an individual with a disability, the Agency articulated legitimate non-discriminatory reasons for its actions and the Complainant was unable to show such reasons were pretext for discrimination. The Complainant appealed to the Equal Employment Opportunity Commission’s (“EEOC’s”) Office of Federal Operations (“OFO”).

On appeal, the OFO affirmed, holding that even if the Complainant had managed to establish a prima facie case of discrimination based on disability, the Agency had a legitimate reason for terminating his employment based on his poor performance, as Complainant was unable to understand and retain the basic concepts necessary for his job. The OFO further held that all the requested accommodations were given. As a result, the OFO affirmed the Agency’s FAD finding no discrimination.

Complainant v. Social Security Administration, EEOC Appeal No. 0120132379 (June 18, 2015)

Attorney Kirk J. Angel represents federal employees nationwide.