EEOC finds Agency provided reasonable accommodations. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging harassment on the bases of race (African American), sex (female), color (Black), disability (sciatica), and age (45) for several actions taken by the Agency. Following the initial investigation, the Agency concluded that the complainant failed to establish a prima facie case of disability-based discrimination and to show the alleged incidents were severe or pervasive enough to create a hostile work environment. Complainant appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) noted that when a disability or need for an accommodation is not obvious, the Agency may ask the individual for reasonable documentation about the disability and functional limitations, and held that the Agency’s request for documentation was appropriate based on Complainant’s requests. The OFO further held that Complainant’s reasonable accommodations were met, and Complainant failed to establish a claim of harassment. The OFO ultimately upheld the Agency’s Final order.

Karen Pierce-Thomas v.  Department of Transportation, EEO Appeal No. 01A33752 (March 24, 2005)

Attorney Kirk J. Angel represents federal employees throughout the nation in EEO investigations as well as EEOC and MSPB hearings.