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EEOC finds no discrimination against federal employee who was unable to perform her job.  Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the bases of physical disability (tendonitis) and mental disability (depression/anxiety) when the Agency offered her a job that did not meet her doctor’s restrictions. The Agency issued a Final Agency Decision (FAD) dismissing her complaint for failure to state a claim, which Complainant appealed to the Equal Employment Opportunity Commission (EEOC). The appeal reversed the FAD and remanded the complaint to the Agency for further processing. The Agency then issued a second FAD finding no discrimination, and Complainant appealed again.

At the second appeal the EEOC’s Office of Federal Operations (OFO) found that the Complainant’s physical impairment substantially limited her ability lift and interfered with her ability to do her job, making her an individual with a disability for purposes of the Rehabilitation Act. However, because she was unable to show that she would be able to perform her job with or without a reasonable accommodation, she was not a qualified individual with a disability; therefore, it was impossible for the Agency to discriminate against her. The OFO affirmed the second FAD finding no discrimination.

McNally v. United States Postal Service, EEOC Appeal No. 01985727 (August 25, 2000) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01985727.txt

Attorney Kirk J. Angel represents federal employees in discrimination claims.