EEOC holds federal employee must participate in class complaint. Complainant filed a Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability (chronic immune degenerative disease and mental disability), age (49), and in reprisal. The basis was that Complainant was not selected for a position with the Agency. Complainant was advised that her claim would be held in abeyance as part of the certified class complaint. She then filed an appeal requesting to be excluded from the class complaint on the basis that her disability does not match the definition of a targeted disability.

On appeal, the EEO’s Office of Federal Operations (OFO) the OFO noted that Complainant’s disability is a targeted disability for purposes of the class action. The OFO further that complainants do not have to participate in a class action or file a claim for individual relief.  However, the OFO held that the Agency correctly held Complainant’s claim in abeyance while the question of decertifying the class were on hold.

Complainant v. Social Security Administration, EEO Appeal No. 0120131573 (October 24, 2013)