EEOC agrees with MSPB that federal employee suffered no discrimination or retaliation.  Petitioner filed a petition with the Merit Systems Protection Board (MSPB) alleging disability discrimination and reprisal when she was removed from her position and replaced with another. After the initial hearing, the MSPB Administrative Jude (AJ) determined that the petitioner failed to establish a prima facie case of disability and reprisal discrimination. Petitioner then petitioned the full Board for a review of the initial decision. The Board concluded there was no new evidence or error in law which would affect the outcome and denied petitioners petition for review. Petitioner then petitioned the Equal Employment Opportunity’s (EEO) Office of Federal Operations (OFO) for reconsideration.

During its reconsideration, the OFO found that although the petitioner clearly had some impairments, she had not proven that those impairments substantially limited a major life activity. As a result, the OFO held that the Board correctly determined that petitioner failed to state a prima facie case of disability discrimination. Additionally, although the petitioner was able to show a prima facie case of reprisal discrimination, the Agency was able to articulate legitimate nondiscriminatory reasons for its actions in removing petitioner- namely that the three incidents in question were enough to warrant the agency’s removal action. The OFO concurred with the final decision of the MSPB finding no discrimination.

Carla E. Sims v. United States Postal Service, EEOC Petition No. 03A00033 (February 25, 2000)