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USPS employee wins OFO appeal.  Complainant was a USPS employee who became unable to perform her duties due to an injury. She filed an EEO alleging the agency failed to provide a reasonable accommodation.  Complainant alleged that her supervisors informed her that there were no other opportunities within the organization. Based on that, she believed she had no choice but to resign. The EEOC Administrative Judge (AJ) found that she had a disability and had been induced to resign. However, the AJ held that she did not prove that she was denied reasonable accommodations. More specifically, the AJ determined that she had not established that there were any open positions available to her. On appeal, the OFO agreed that it was complainant’s duty to show the availability of other positions. But the OFO held that the agency was in the best position to know of and make complainant aware of any opportunities. Upon remand, the postal service was required to further investigate the availability of other opportunities.

Mahalia P. v. Megan J. Brennan, Postmaster General, United States Postal Service, https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181487.pdf

Kirk J Angel represents federal employees, including postal service (USPS) employees, in hearings before the EEOC as well as the MSPB. Set your free 15 minute consultation with attorney Angel today! https://theangellawfirm.com/federal-employees