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EEOC finds federal employee did not show hostile work environment or disability discrimination. Complainant filed and Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of age (50), and disability (asthma, osteoarthritis, and obesity) when management created a hostile work environment to force her to take disability retirement, and denied her the reasonable accommodation of working at home. Following the initial investigation, the Agency issued a Final Agency Decision concluding that Complainant failed to establish her claims of age and disability discrimination, reasoning that Complainant made no mention of age-based harassment in her communications with the Agency during the EEO process, and that the Agency had in fact tried to work with Complainant regarding her reasonable accommodation requests and therefore Complainant had not been subjected to disability harassment. The Agency further found that the requested reasonable accommodation was not workable with the essential functions of her position. Complainant appealed to the Equal Employment Opportunity Commission’s (EEOC) Office of Federal Operations (OFO).

On appeal the OFO held that the Agency properly determined that Complainant failed to present any evidence form which one could conclude that age actually played a role in the responsible agency officials’ decision-making process. The OFO further held that Complainant failed to prove her disability discrimination claim noting that any evidence she presented was not sufficiently severe or pervasive to alter her employment and create an abusive working environment. Finally, the OFO held in regards to the reasonable accommodation request that the requested accommodation of permitting complainant to work from home would not allow her to perform the essential functions of her position, and was therefore not a reasonable accommodation. The OFO affirmed the FAD finding no discrimination.

Teri Friend v. Department of Labor, EEOC Appeal No. 01A10560 (July 10, 2002) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01A10560.txt