Postal employee wins EEOC appeal. Complainant filed an EEO alleging that the USPS harassed and discriminated against her due to her disability in violation of the Rehabilitation Act.The Agency issued a decision finding no harassment or discrimination. Complainant appealed to the EEOC’s Office of Federal Operations. On appeal the OFO, reversed finding in favor of Complainant on two of her claims. OFO concluded:
Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator’s request for an affidavit or to provide other explanations for the official’s alleged actions; an agency’s legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence.
Sherrie M. v. U.S. Postal Service, EEOC Appeal No. 0120182523 (July 7, 2020) https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf
Kirk J. Angel is an attorney who focuses his practice on representing federal employees including USPS employees. He offers a 15 minute free consultation. Scheduling is automated by using his website at: https://fedemployeeattorney.com/where-do-i-start-eeo-complaints