(704) 706-9292

EEOC finds no retaliation or discrimination against federal employee. Complainant initiated an appeal from the Agency’s Final Order concerning her Equal Employment Opportunity (EEO) complaint of discrimination on the bases of reprisal, race (African American), color (black), disability (hypertension), and age (59). Following the initial investigation, Complainant requested a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ). The AJ issued a decision without a hearing finding no discrimination concluding Complainant failed to establish a prima facie case by failing to demonstrate that similarly situated employees not in complainant’s classes were treated differently under similar circumstances. The Agency’s Final Order implemented the AJ’s decision finding no discrimination, and Complainant appealed to the EEOC.

On appeal, the EEOC’s Office of Federal Operations (OFO) noted that, other than Complainant’s own subjective belief that she was discriminated against, she presented no evidence from which a reasonable fact finder could conclude she had been retaliated against or subjected her to discrimination and thus determined there was no genuine issue of material fact to render a hearing necessary. The OFO agreed with the AJ and stated that the record did not establish that Complainant was treated less favorably than other individuals outside her protected classes. The OFO also agreed that the record did not establish the Agency’s actions were motivated by discriminatory animus and/or retaliatory motive. The OFO further held that the Agency’s Fitness for Duty examination was not based on discriminatory animus, as Complainant had complained of medical issues that could affect her ability to properly to her job. The OFO held that the Agency met its burden of showing that the decisions relating to the Complainant were job-related and consistent with business necessity, and affirmed the Agency’s Final order.

Mitchell v. United States Postal Service, EEOC Appeal No. 01A44888 (April 11, 2005) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01a44888.txt

Attorney Kirk J. Angel represents federal employees nationwide in EEOC hearings.