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Federal employee loses sex discrimination claim. Complainant, a federal employee, filed an EEO alleging she was discriminated against based on sex. Specifically, that she was not given an appropriate space for lactation. 

After the EEO investigation, the Agency issued a Final Agency Decision (FAD) finding no discrimination. Complainant filed an appeal of the FAD to the EEOC’s Office of Federal Operations (OFO). Complainant alleged that the small storage room she was provided was “dangerously cluttered” and “disgusting” even after the Agency offered to clean the room. Complainant argued that the Agency could have provided her with better arrangements, temporarily reassigned her to a private office, or let her work from home. The OFO upheld the Agency’s FAD. Its decision stated that the Agency had sufficiently accommodated her by providing her with an “appropriate space other than a restroom” to express breastmilk and by allowing her to use vacant conference rooms or other offices instead of the storage room.

Heidi B. v. Dep’t of Health and Human Services, EEOC Appeal No. 0120171750 (Feb. 28, 2019)


Kirk J. Angel has represented federal employees for many years. If you are a federal employee who needs an experienced attorney, you can set a free 15 minute consultation with Attorney Kirk J. Angel