EEOC finds no discrimination or reprisal against federal employee.  Complainant filed a formal EEO complaint alleging she had been discriminated against on the bases of disability (physical and mental) and in reprisal for prior EEO activity. Specifically she alleged that she was discriminated against and/or subjected to reprisal when: she was placed on leave restrictions, charged 8 hours absence without leave, mail was removed from her in-box, and she received a rating of fully satisfactory for the annual period. Following the initial investigation, the Agency issued a Final Agency Decision (FAD) finding no discrimination or reprisal. Complainant appealed to the Equal Employment Opportunity Commission (EEOC).

On appeal, The EEOC’s Office of Federal Operations (OFO) found that although the Complainant was a qualified individual with a disability, she failed to establish a prima facie case for discrimination. The OFO further held that the Complainant was unable to show that any of the Agency’s actions were related to her disabilities in any way; nor were they related to any prior EEO activity. The OFO affirmed the Agency’s decision finding no discrimination.

Ewing v. Department of Health and Human Services, EEOC Appeal No. 01963905 (December 22, 1998)