EEOC agrees with MSPB finding no discrimination or retaliation. While working for the Agency, Petitioner’s supervisor proposed petitioner’s removal for improper conduct. After the proposed action was reviewed by a third party and Petitioner was issued a notice of removal, Petitioner appealed to the Merit Systems Protection Board (MSPB). On appeal to the Board, Petitioner alleged discrimination on the basis of disability (foot and back), and prior EEO activity. Following the initial hearing, the MSPB Administrative Judge (AJ) determined that petitioner failed to establish a prima facie case of disability and reprisal discrimination. Petitioner then petitioned the Board for a review of the initial decision, but finding no error in law or fact the Board denied the petition. Petitioner then appealed to the Equal Employment Opportunity Commission (EEOC) to review the MSPB’s Final order.

During its review, the EEOC determined that Petitioner did demonstrate that she had a physical impairment; however, she failed to establish that her impairments rise to a level of a disability that substantially limits a major life activity. As such, the EEOC held she failed to state a prima facie case of disability discrimination. The EEOC further held that while the Petitioner did establish a prima facie case of reprisal discrimination, she did not meet her burden to prove that the Agency’s legitimate nondiscriminatory reasons for its actions were pretext. The EEOC concurred with the MSPB’s Final Order.

Carla E. Sims v. United States Postal Service, EEO Petition No. 03A00033 (February 25, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0300033.txt

Kirk J. Angel represents federal employees nationwide in EEOC and MSPB claims.