OFO sides with Agency’s refusal to implement AJ’s decision in employee’s favor. Complainant filed a complaint with the Equal Employment Opportunity (EEO) alleging discrimination on the basis of disability (back and shoulder injury) when she was not reappointed to her position at the Agency. Following the initial investigation, the Administrative Judge (AJ) found the complainant established a prima facie case of discrimination and the Agency failed to provide a legitimate nondiscriminatory reason for its actions. The Agency issued a final decision (FAD) refusing to implement the AJ’s decision and finding against the Complainant. The Agency then appealed.
On appeal, the EEOC’s Office of Federal Operations (OFO) noted that the AJ made its findings without determining whether the Complainant was an individual with a disability. The OFO held that given the testimony, there was insufficient evidence to support a finding that complainant was an individual with a disability for protection under the Rehabilitation Act. The OFO affirmed the Agency’s final decision finding no discrimination
Brenda K. Geiger v. United States Postal Service, EEO Appeal No. 07A10083 (October 2, 2003) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/07A10083.txt
Attorney Kirk J. Angel is an experienced attorney who represents federal employees throughout the US.