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Federal employee wins appeal of agency decision. An employee of the Border Patrol filed an EEO alleging that he was discriminated against due to his disability when he was denied a job. The employee alleged he was denied a job due to his disability. Specifically, he alleged the Agency wrongfully found him to be a “direct threat” based on his heart condition. After an investigation, the Agency found no discrimination. The employee appealed. The EEOC’s Office of Federal Operations found that the employee had been discriminated against and that there was insufficient evidence to establish that he was a “direct threat.” The OFO remanded with instructions that the employee be offered the position and that it supplement its investigation into the compensatory damages he was entitled to.

Alonzo N. v. Dep’t of Homeland Security, EEOC Appeal No. 0120180739 (June 21, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf

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