EEOC: Law violated when federal employee was asked about her disability. Complainant, an employee of the USPS, filed an EEO alleging harassment on the basis of race, color and disability. At the conclusion of the investigation, the Agency issued a Final Agency Decision (FAD) finding no violation. Complainant then appealed to the Equal Employment Opportunity Commission’s Office of Federal Operations (OFO). The OFO sided with the Agency for almost all of the claims. However, the OFO did find that the Agency asking the Complainant whether she suffered from dyslexia in front of a customer, without showing that the inquiry was job-related and consistent with business necessity, violated the Rehabilitation Act.

Francine M. v. U.S. Postal Service, EEOC Appeal No. 0120180519 (Mar. 5, 2020)

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