EEOC finds federal employee did not show he had a disability. Complainant filed an Equal Employment Opportunity (EEO) complaint Commission (EEOC) alleging discrimination on the basis of mental disability (alcoholism, depression, and anxiety) when the Agency failed to move him to a work area away from an abusive co-worker. Complainant filed the complaint after he was involved in an argument with the co-worker that resulted in disciplinary action against Complainant. The Agency issues a Final Agency Decision (FAD) finding no discrimination. The Agency also found that Complainant failed to show he was an individual with a disability as defined by the regulations, as although Complainant had indicated his disabilities, there was no evidence that he had a history of substantial limitations or that the officials involved were aware of his disability. Complainant appealed the FAD to the Equal Employment Opportunity Commission (EEOC) .

On appeal the EEOC’s Office of Federal Operations (OFO) held that the Complainant failed to establish that he was an individual with a disability. Although there was evidence of Complainant self-identifying as disabled, there was no further evidence to establish the disability, and there was no evidence that Complainant’s supervisors were aware of Complainant’s disability. As a result, the OFO affirmed the Agency’s final decision finding no discrimination.

Gary B. Brill v. Department of the Navy, EEO Appeal No. 01970511 (August 31, 2000)