Federal employee wins EEOC appeal. Complainant filed an appeal with the Employment Opportunity Commission (EEOC) in response to the Agency’s Final Decision concerning his EEO complaint alleging employment discrimination in violation of the Rehabilitation Act. On appeal, the EEOC’s Office of Federal Operations (OFO) looked at whether the Complainant was subject to disability discrimination when the Agency did not allow him to take a polygraph examination in the form of a waiver as a reasonable accommodation. Complainant obtained a medical note from his doctor as required by the Agency in regards to his ability to take a polygraph on his multiple sclerosis medications; however, the Agency disregarded these letters and unilaterally decided not to allow Complainant to take a polygraph. The OFO held that although the Agency stated legitimate nondiscriminatory reasons for not allowing Complainant to take a polygraph, the listed reasons were mere pretext for disability discrimination and therefore they had violated the Rehabilitation Act.
Carroll R. v. Dep’t of the Navy, EEOC Appeal No. 0120170064 (Feb. 8, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf