EEOC agrees with MSPB that AWOL federal employee was not discriminated against. Petitioner filed a petition with the Equal Employment Opportunity (EEO) asking for a review of a final decision by the Merit Systems Protection Board (MSPB) regarding his claim of discrimination for being denied a reasonable accommodation.After requesting a reasonable accommodation, Petitioner was asked to supply the Agency with medical documentation, which he failed to do. Following an extended period of being absent without leave, the Petitioner was recommended for termination from the Agency.
On appeal the EEO’s Office of Federal Operations (OFO) held that Petitioner failed to prove his case of disability discrimination because he failed to show that the Agency would not have removed non-disabled employees who were AWOL for a similar period of time. The OFO further held that Petitioner failed to prove his claim of reprisal discrimination because he failed to show the Agency treated Petitioner differently from similarly situated employees without prior protected EEO activity. The OFO concurred with the Agency’s final order.
Truman B. v. Department of the Navy, EEO Petition No. 0320160037 (June 23, 2016) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0320160037.txt