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EEOC’s OFO affirms FAD finding no discrimination against federal employee. Complainant was fired from his position as an Information Technology Specialist (Systems Analyst) for allegedly not meeting his job requirements; however, Complainant alleged the termination was because of his disability (sleep apnea and depression). Complainant filed a formal Equal Employment Opportunity (EEO) complaint alleging the Agency had discriminated against him by terminating him in his probationary period based on his disabilities. Following the initial investigation, a Final Agency Decision (FAD) was issued finding Complainant failed to demonstrate that he was subjected to discrimination. Complainant appealed to the Equal Employment Opportunity Commission (EEOC). The record revealed that Complainant’s termination letter stated Complainant was terminated for inadequate performance- specifically that he failed to meet deadlines which resulted in the Activity not meeting critical program deadlines, and at the end of the performance period Complainant had not completed two of the three contract packages assigned to him. Although the Agency found that Complainant was an individual with a disability, it also argued that it was unaware of Complainant’s disabilities at the time of the termination.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that assuming the Complainant had established a prima facie case of disability discrimination, the Agency had adequately articulated a legitimate nondiscriminatory reason for Complainant’s termination- namely due to the time it took Complainant to complete his work and due to budget constraints. The OFO also held that the record supported the Agency’s argument that it was unaware of Complainant’s disability. As a result, the OFO affirmed the Agency’s FAD.

Complainant v. Department of the Navy, EEO Appeal No. 0120110283 (July 29, 2014) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120110283.txt

Attorney Kirk J. Angel represents federal employees throughout the United States. You can set a free 15 minute consultation with him at your convenience.