EEOC has no jurisdiction over discrimination based on “disabled veteran” status. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging disability discrimination when the Agency failed to adjust his service computation date to include when he was placed on the Temporary Disability Retirement List while serving with the US Army. Complainant’s initial complaint was dismissed reasoning that although the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities on the basis of their disabling conditions, Complainant’s claim that he was discriminated against because of his status as a disabled veteran is not within the jurisdiction of the EEOC.

On appeal, the EEOC’s Office of Federal Operations (OFO) notes that in reviewing the record, it is clear that Complainant’s complaint relies on the basis of his status as a disabled veteran, not disability. The OFO held it has no jurisdiction over discrimination alleged to have occurred because the complainant is a disabled veteran, and held the Agency had properly dismissed the complaint for failing to state a claim.

Fred T. Forrest v. Department of the Treasury, EEOC Appeal No. 01993246 (February 1, 2000)

Attorney Kirk J. Angel represents federal employees throughout the United States.