EEOC reverses FAD and finds in favor of Postal Service employee. Complainant filed an EEO alleging disability discrimination and reprisal (retaliation for previous EEO activity). At the conclusion of the investigation, Complainant was given the opportunity to request a hearing before an EEOC administrative judge. However, he did not submit a timely hearing request and the Postal Service issued a Final Agency Decision (FAD). The USPS concluded in its FAD that Complainant failed to prove discrimination or reprisal.
Complainant filed an appeal with the Employment Opportunity Commission (EEOC) in response to the Agency’s FAD. On appeal the OFO determined that the agency discriminated against complainant due to his disability and failed to provide a reasonable accommodation. The OFO reversed the decision of the agency. The OFO ordered the Postal Service to conduct a supplemental investigation to determine damages the Complainant it may be entitled to.
Alonzo N. v. United States Postal Service, EEOC Appeal No. 0120181502 (Sept. 17, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf
This decision emphasizes the importance of requesting a hearing before the EEOC rather than relying on the agency to issue a decision finding itself in violation of federal law. If you are a federal employee needing an attorney, Kirk J. Angel has represented federal employees for many years. You can sign up for a free 15 minute consultation right on his website.