Federal employee fails to produce evidence to support her discrimination claim. Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC) for review of the Merit Systems Protection Board’s (MSPB’s) final decision on her case finding that she was not subjected to disability discrimination. The initial complaint alleged that she had been discriminated against on the basis of disability (depression) when the Agency denied her application for disability retirement. After the Petitioner did not request a hearing the MSPB Administrative Judge (AJ) issued an initial decision sustaining the Agency’s action and finding no discrimination. Upon reconsideration, the Agency affirmed its initial decision, stating that the evidence did not show that Petitioner’s condition was so severe as to warrant a total restriction from work, nor that her condition was unresponsive to treatment. The MSPB AJ noted that aside from indicating that she had been discriminated against on the appeal form, Petitioner did not further address the issue, leading the AJ to determine there was no evidence of discrimination.

On review, the EEOC’s Office of Federal Operations (OFO) agreed that the Petitioner had not presented sufficient evidence to establish discrimination. The OFO further held that the Petitioner presented no evidence that the Agency treated her less favorably than other applicants for disability retirement or other evidence in support of her claims. The OFO concurred with the MSPB’s finding of no disability discrimination.

Thomas v. Office of Personnel Management, EEOC Petition No. 03A00093 (June 11, 2002) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/03a00093.txt

Kirk J. Angel represents federal employees hearings before the MSPB and the EEOC. Visit his website to set your own free consultation.