EEOC upholds Agency finding no violation related to reasonable accommodation. Complainant filed a complaint an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability (PTSD) when the Agency did not provide him with a reasonable accommodation and terminated his employment during his probationary period. Complainant alleged he requested reasonable accommodations on multiple occasions from his first and second line supervisors which were never acted upon and was then issued a Letter of Counseling regarding his failure to follow proper leave procedures and subsequently terminated. Following the initial investigation, the Agency issued a final decision concluding that Complainant failed to prove discrimination as alleged because he failed to show the management officials were aware of his disability. Complainant appealed to the Equal Employment Opportunity Commission (EEOC) .

On appeal the EEOC’s Office of Federal Operations (OFO) held that assuming Complainant was a qualified individual with a disability, he did not show the Agency failed to provide him with a reasonable accommodation. The OFO noted that the record indicated there were no requests for reasonable accommodations. The OFO further noted that because there was no hearing before an Administrative Judge (AJ), it was without the benefit of the AJ’s witness credibility determinations, and as a result they must take the evidence at face value. Taking the evidence at face value, the OFO held that the record showed no evidence of discrimination, and affirmed the Agency’s final decision.

Gregory F. v. Department of Veterans Affairs, EEO Appeal No. 0120170798 (March 8, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170798.pdf

Attorney Kirk J. Angel represents federal employees throughout the United States in EEO investigations as well as proceedings before the EEOC adn MSPB.