EEOC finds federal employee did not prove discrimination or reprisal. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of disability (traumatic spinal/foraminal stenosis and permanent nerve injury) and reprisal. He claimed the Agency had improperly processed and denied his disability retirement application. After the EEO investigation, the Complainant requested a Final Agency Decision (FAD). The Agency issued the FAD finding that that the application was properly reviewed and denied because Complainant was found ineligible for disability retirement under the applicable requirements. Therefore, no discrimination occurred. Complainant then appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that even assuming Complainant established a prima facie case of disability and reprisal discrimination, the Agency articulated legitimate nondiscriminatory reasons for its actions and Complainant failed to establish pretext on the part of the Agency. The OFO affirmed the Agency’s final decision because the evidence did not establish that discrimination occurred.

Beatriz P. v. Department of State, EEO Appeal No. 0120170868 (November 14, 2018)