(704) 706-9292

EEOC finds federal employee not subjected to discrimination and not denied an accommodation. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of sex (male), disability (chronic depression), age (54), and reprisal for prior protected activity. The basis was when he was held to a higher standard of performance than similarly situated employees, he received limited support to complete tasks, he experienced unequal treatment with regard to time, attendance, duties, and assignments, and he requested a reasonable accommodation when he was not giving administrative support or a schedule adjustment to limit his work day to 8 hours but it was denied. Following the initial investigation, the Agency issued a Final Agency Decision (FAD) finding that Complainant failed to prove discrimination. The FAD noted that even assuming the Complainant had established a prima facie case of discrimination on all the alleged bases, the Agency articulated legitimate nondiscriminatory reasons for its actions, and Complainant was unable to demonstrate such actions were pretext. Complainant appealed to the Equal Employment Opportunity Commission’s (EEOC).

At the outset, the EEOC’s Office of Federal Operations (OFO) dismissed all the claims except for the reasonable accommodation claim because the EEOC had already issued a decision on the other issues. Regarding the reasonable accommodation claim, the OFO held that Complainant was unable to provide any documentation that he requested a reasonable accommodation or of his disability. Because the Agency was unaware of any disability and there was no request for a reasonable accommodation, the OFO held that the Agency had not failed to afford him a reasonable accommodation. The OFO affirmed the Agency’s FAD finding no discrimination.

Jerry L. Grenier v. Corporation for Naval and Community Service, EEOC Appeal No. 0120081795 (September 7, 2011) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120081795.txt

Attorney Kirk J. Angel represents federal employees throughout the nation in EEO claims and in hearings before the EEOC and MSPB.