EEOC finds no discrimination or reprisal against federal employee with a disability. Complainant filed an Equal Employment Opportunity (EEO) against his Agency. He alleged he was the victim of employment discrimination on the bases of disability (stroke-related impairments) and reprisal. He alleged the discrimination occurred when his supervisor issued him a letter of counseling for performance issues. Following the initial investigation, Complainant did not request a hearing so a Final Agency Decision (“FAD”) was issued finding no discrimination. The Complainant appealed to the complaint with the Equal Employment Opportunity Commission (“EEOC”).

On appeal, the EEOC’s Office of Federal Operations (“OFO”) found that Complainant was a qualified individual with a disability, as he was substantially limited in his walking and speech communication and, even with his disabilities, he was able to perform the essential functions of the position at issue. The OFO then determined that based on the testimony and the testimony of his co-workers, that Complainant was unable to establish discrimination on the basis of disability. The OFO further held that the Complainant failed to establish a prima facie case of retaliation because he was unable to prove a link between his letter of counseling and his prior Equal Employment Opportunity (“EEO”) activity because they were more than a year apart. The OFO affirmed the Agency’s final decision finding no discrimination.

Groom v. Dept. of the Air Force, EEOC Appeal No. 01994646 (December 13, 2000)

Attorney Kirk J. Angel represents federal employee throughout the nation in EEO proceedings.