EEOC agrees with MSPB Judge that employee was not discriminated against. Petitioner filed a petition with the Merit Systems Protection Board (MSPB) alleging discrimination on the basis of disability (mental/physical: alcoholism, possible bipolar disorder, depression, anxiety, cirrhosis of the liver, and foot impairment) when she was removed from her position at the Agency. After waiving her right to a hearing, the Administrative Judge (AJ) affirmed the Agency’s action to remove the Petitioner. The record revealed that Petitioner was removed based on charges of 5 unauthorized absences, and failure to follow directions. The AJ found that the Petitioner did not show the Agency discriminated against her based on disability. Further finding that she was not a qualified individual with a disability because she was unable to perform the tasks required of her even with accommodations. Petitioner filed an appeal with the Equal Employment Opportunity’s (EEO) Office of Federal Operations (OFO).

On appeal, the OFO concurred with the final decision of the AJ stating the MSPB’s decision constituted a correct interpretation of the laws, rules, regulations, and policies governing the matter and all conclusions were supported by the record.

Stephany A. v. Department of Agriculture, EEOC Petition No. 0320160026 (May 11, 2016)

Attorney Kirk J. Angel represents federal employees in EEO proceedings as well as hearings before the EEOC and MSPB.