EEOC’s OFO find no discrimination or retaliation against federal employee. Complainant initiated an appeal from the Agency’s Final Agency Decision (FAD) concerning her Equal Employment Opportunity (EEO) complaint on the basis of reprisal, race (African American), color (black), disability (hypertension), and age (59). Following the initial investigation, Complainant requested a hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge (AJ). The AJ issued a decision without a hearing finding no discrimination concluding Complainant failed to establish a prima facie case. Specifically, she failed to demonstrate that similarly situated employees, not in her protected classes, were treated differently. The Agency’s FAD implemented the AJ’s decision finding no discrimination, and Complainant appealed to the EEOC.

On appeal, the EEOC’s Office of Federal Operations (OFO) noted that Complainant presented no evidence to conclude she had been retaliated against or subjected her to discrimination. Thus, there was no genuine issue of material fact to render a hearing necessary. The OFO agreed with the AJ and stated that the record did not establish that Complainant was treated less favorably than other individuals outside her protected categories or that any of the Agency’s actions were motivated by discriminatory animus and/or retaliatory motive.  The OFO held that the Agency met its burden of showing that the decisions relating to the Complainant were job-related and consistent with business necessity, and affirmed the Agency’s FAD.

Mitchell v. United States Postal Service, EEOC Appeal No. 01A44888 (April 11, 2005) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01a44888.txt

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