EEOC agrees with MSPB finding of no disability discrimination against USPS employee. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) seeking review of a decision issued by the Merit Systems Protection Board (MSPB). The MSPB issued a decision finding no disability discrimination. The Petitioner alleged the Agency discriminated against him on the basis of disability (seizure disorder) when he was removed from his position for falsifying medical records. The record revealed Petitioner indicated both that he did not have epilepsy, seizures, and blackouts and did not take prescription medicine, and that he had epilepsy, seizures, and blackouts and took medication. Upon learning of the inconsistency, the Agency removed him from his position stating he had knowingly falsified his medical assessment form by providing inaccurate information with the intent to defraud the agency. The Petitioner alleged that he did not remember completing the first form in which he stated he had no seizure disorders, and was hospitalized two days later for a seizure. His physician testified that people with such a disorder can have “prodromal signs” such as confusion and may not recall their actions after the seizure episode. The Administrative Judge (AJ) found that Petitioner failed to demonstrate that his disorder affected his ability to provide correct information on the medical assessment, and held that Petitioner knowingly provided false information on his medical forms and failed to prove disability discrimination. Petitioner then petitioned the EEOC’s Office of Federal Operations (OFO) for reconsideration.

On reconsideration, the OFO noted that the Physician’s letter explaining the prodromal symptoms was not completed until many months after the form was filled out and the Physician had no direct knowledge about whether such symptoms were the actual cause of this instance of inconsistency rather than just a possibility. Further, the OFO held that Petitioner was unable to show that anyone outside his protected category were treated any differently than he was for falsifying information. The OFO concurred with the MSPB’s finding of no discrimination.

Lamont Bunn v. United States Postal Service, EEOC Petition No. 03A00040 (December 20, 2001)

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