EEOC rejects federal employee’s reconsideration request. Complainant filed an EEO complaint alleging discrimination on the basis of disability (Tourette’s keratoconus, and periodontal disease) and denial of reasonable accommodation when the IRS failed to select him for a temporary intermittent Clerk position. Complainant applied for a position with the IRS with an attachment indicating that he and a Staffing Specialist had reached an agreement that as an accommodation his working hours could be limited to between 0-70 hours each month, along with some other limitations. After reviewing more than 1700 applications, Complainant was among 25 applicants who were not hired because they were not available for at least one complete work shift or because they set conditions on their availability. Following the initial investigation, the Agency issued a Final Agency Decision (FAD) finding no discrimination reasoning that although Complainant was a person with a disability, he failed to establish a prima facie case of disability because he was not qualified person with a disability as he was not available to work at least one entire work shift and therefore could not perform the essential functions of any of the positions. Complainant appealed unsuccessfully to the Equal Employment Opportunity Commission (EEOC) which issued a decsion in favor of the Agency. Complainant then requested the EEOC reconsider its decision in his case arguing there was a clearly erroneous interpretation of a material law or fact or the decision will have a substantial impact on the policies, practices or operation of the agency.

On reconsideration, the EEOC’s Office of Federal Operations (OFO) held that the previous decision correctly found that the complainant was an individual with a disability, but did not show he was a qualified individual with a disability and that there was a nexus between his disability and the agency’s actions. The OFO found that all the arguments Complainant put forth in his request for reconsideration had been properly assessed in the previous decision and complainant failed to meet the requirements to open a case for reconsideration. The OFO upheld the previous decision.

Storman v. Department of the Treasury, EEOC Appeal No. 05990112 (September 7, 2000)