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Judge finds against federal employee but EEOC reverses. Complainant filed an EEO alleging his federal Agency discriminated against him on the basis of race and disability. After investigation, the Complainant requested a hearing before an EEOC administrative judge. On motion from the agency, the judge found that Complainant was not discriminated against and dismissed without t a hearing. The Agency issued a final agency decision (FAD) adopting the judge’s decision. Complainant filed an appeal with the Employment Opportunity Commission (EEOC). The EEOC’s Office of Federal Operations (OFO) noted that if a case can only be resolved by weighing conflicting evidence, issuing a decision without a hearing is inappropriate. The OFO held that in this case the record was not fully developed, there were material facts in dispute, and credibility of witnesses was at issue. Specifically, the OFO stated there were genuine issues of material fact as to whether the Agency could have provided Complainant with a reasonable accommodation. As a result, the Agency’s final decision was vacated and the case remanded for a hearing.

Bill A. v. Dep’t of the Army, EEOC Appeal No. 0120131989 (Oct. 26, 2016) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt

Attorney Kirk J Angel has represented federal employees for more than a decade. He has the experience to represent you in EEO investigations and in hearings before the EEOC or the MSPB. You can set your own free 15 minute consultation with him today right on this website.