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Federal employee wins EEOC appeal. Complainant, a federal employee, filed an EEO alleging his federal agency employer discriminated against him on the basis of disability when it terminated him. After an investigation, the Agency issued its final agency decision (FAD) finding no discrimination. Complainant filed an appeal with the Employment Opportunity Commission (EEOC). On appeal, the EEOC’s Office of Federal Operations (OFO) found that the Complainant was a qualified individual with a disability, and as such was entitled to reasonable accommodations. Complainant had sought a waiver of the Agency’s “sit and reach” requirement.  The OFO found no evidence in the record that such a requirement was job-related or consistent with business necessity. The OFO reversed the FAD finding that the Agency had discriminated against the Complainant in violation of the Rehabilitation Act.

Elden R. v. Dep’t of the Interior, EEOC Appeal No. 0120122672 (Feb. 24, 2017) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt

Attorney Kirk J. Angel represents federal employees throughout the US. If you are a federal employee who needs representation in an EEO investigation or a hearing before the EEOC or MSPB, you can sign up for a free 15 minute consultation right on this website.