EEOC concurs with MSPB that federal employee did not show disability discrimination. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) asking for review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning her claim of discrimination on the basis of disability (sleep apnea, tendonitis, and diabetes). The MSPB’s Administrative Judge’s issued an initial decision finding that Petitioner failed to provide evidence that she actually had diabetes or that any accommodation was necessary as a result of her diabetes. Petitioner then requested review by the MSPB’s full Board in which the Board upheld the AJ’s order denying Petitioner’s claim of disability discrimination based on a failure to accommodate. Petitioner then appealed to the EEOC’s Office of Federal Operations (OFO) for review.

On review, the OFO held that even if Petitioner was a qualified individual with a disability, she did not establish in the record that she requested any accommodations for her disabilities. The OFO further held that Petitioner failed to show any casual nexus between her conditions and an inability to perform her job. The OFO concurred with the final decision of the MSPB finding no discrimination.

Cheryl C. v. Department of Agriculture, EEOC Petition No. 0320150082, (February 3, 2016)

Attorney Kirk J Angel represents federal employees in hearings before the MSPB and EEOC. You can schedule a free 15 minute consultation with Attorney Angel if you are a federal employee anywhere in the US.