EEOC finds Veterans Administration (VA) discriminated against employee. Complainant filed an Equal Employment Opportunity (EEO) alleging discrimination on the basis of disability (seizure disorder, traumatic brain injury, panic attacks, anxiety, and sleep disorder) against the VA. Complainant alleged discrimination when the Agency did not select him for the position of Program Assistant. Following the initial investigation Complainant requested an EEOC hearing. The Administrative Judge (AJ) assigned to the case issued a bench decision finding disability discrimination. The Agency issued a Final Agency Decision (FAD) rejecting the AJ’s finding and filed an appeal.

On appeal the EEOC’s Office of Federal Operations (OFO) agreed with the AJ and held that the Agency had discriminated against Complainant. The OFO held that the record adequately established not only that Complainant was a qualified individual with a disability but also that the Agency had discriminated against him. The OFO reversed the Agency’s final decision and affirmed the AJ’s finding of disability discrimination.

Ryan Adams v. Department of Veteran Affairs, EEOC Appeal No. 0720130005 (September 11, 2013)

Kirk J. Angel represents federal employees nationwide.