EEOC finds federal employee did not prove discrimination or harassment. Grievant filed a complaint with the Equal Employment Opportunity (EEO) alleging discrimination and harassment based on national origin (Mexican American) and disability (knee replacement). The Grievant’s allegations were dismissed by the Agency citing untimeliness as the grounds for dismissal. On appeal, the EEO reversed the Agency’s dismissals and the Agency was directed to investigate and process the matters further. In its next decision, the Agency found that the Grievant was given overtime work that was adequate for his medical restrictions when available, and tat Grievant did not establish a medical need for his requested designated parking spot.

On appeal, the EEO’s Office of Federal Operations (OFO) agreed that the Grievant did not provide any persuasive medical evidence substantiating his need for a designated parking spot. The OFO further agreed that the claim of a hostile work environment fails because the Grievant failed to establish that any of the Agency’s actions were motivated by discriminatory animus. The OFO affirmed the Agency’s final decision.

Orlando O. v. Department of Homeland Security, EEO Appeal No. 2019000741 (August 4, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019000741.pdf

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