EEOC finds no discrimination or reprisal for non-renewal of temporary appointment. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability and reprisal for prior protected activity. Complainant was hired under a one-year excepted temporary appointment but her appointment was extended over several years until she was involved in a non-work-related car accident. Following the accident Complainant submitted medical documentation to the Agency establishing that she was temporarily totally disabled but her condition would improve. There was some discussion between the Agency and Complainant regarding part-time work, but no medical documentation releasing her to return to work part-time. There was medical documentation stating that she was unable to perform eight hours of task-focused work due to cognitive impairment, and a letter giving Complainant 90 day notice that her temporary appointment would expire before she was involved in the accident. Following the initial investigation, Complainant filed a request for a hearing with the Equal Employment Opportunity Commission (EEOC). The EEOC Administrative Judge (AJ) issued a decision without a hearing finding no discrimination reasoning that while she was totally disabled she was not a qualified individual with a disability because she was incapable of performing the duties necessary for her job. Complainant appealed the EEOC’s Office of Federal Operations (OFO).

On appeal, the OFO noted that Complainant failed to present evidence that any of the Agency’s actions were in retaliation for her prior protected activity. Assuming, arguendo, that Complainant was a qualified individual with a disability, the OFO noted that the Complainant failed to establish that her temporary appointment was not renewed because of discrimination due to her disability. The OFO agreed with the AJ that the Complainant was selected for non-renewal prior to the date of her accident and affirmed the Agency’s Final decision finding no discrimination

Moriarty v. Federal Deposit Insurance Corporation, EEOC Appeal No. 01993521 (March 12, 2002)

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