Federal employee loses disability discrimination and harassment claim. A Social Security Administration employee filed an Equal Employment Opportunity (EEO) complaint against the agency.
She alleged disability discrimination and a hostile work environment based on a chemical and fragrance sensitivity. The complainant claims that the agency denied her reasonable accommodations. She provided several physicians’ reports from emergency room doctors and her allergist. The administrative judge (AJ) found that the complainant established a disability. However, the AJ determined that no discrimination occurred and the accommodations provided were reasonable. The agency provided complainant with a private office, air purifier, and hidden disability training for her coworkers. Citing the emergency room physicians’ reports, the AJ noted that although she complained of hives and swelling, the physicians did not observe the symptoms. Further, the complainant’s allergist stated that he was unsure whether the symptoms were entirely caused by her allergies or a psychosomatic symptom. The Office of Federal Operations affirmed.
Lavonia M. v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration, https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172221.pdf
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