Federal employee proves discrimination based on disability. Complainant, who was employed by the Veterans Administration (VA), filed an EEO claiming he was discriminated against in hiring.

Complainant alleged that the VA discriminated against him because of a perceived disability. Specifically, he alleged the Agency treated him as if he had a disability (referred to as “regarded as” disabled) when it revoked a job offer because of his color blindness. The EEOC found that the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others.


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