EEOC overturns dismissal of federal employee’s claim. Complainant filed EEO alleging disability discrimination and request an EEOC hearing before an administrative judge. The AJ found in favor of the Agency which entered a FAD in accordance with the AJ’s decision. The Complainant appealed to the EEOC’s Office of Federal Operations (OFO). The OFO held that, although Complainant had failed to file his claim within the time limit, no unreasonable delay was caused. The OFO also held that a decision without a hearing was proper as the record was fully developed and no genuine issues of material fact or credibility remained. The OFO then turned to the evidence of discrimination. It found that the Agency asked Complainant to provide at least eleven other medical examinations in addition to his yearly medical evaluation. This was required only after Complainant disclosed his diagnosis. The OFO found no evidence Complainant experienced or displayed any difficulty performing essential job functions. Further, the mere fact that he was a diabetic did not mean he needed to be subjected to such tests. As such, the OFO entered a decision in favor of the Complainant.
Salvatore K. v. Dep’t of Justice, EEOC Appeal No. 0120182095 (June 23, 2021) https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf
Attorney Kirk J. Angel has represented federal employees for over a decade. If you need an attorney for a federal employment matter such as an EEO, EEOC hearing or MSPB hearing, you can set a free 15 minute consultation with Attorney Angel right on this website.