A client of the Attig Law Firm learned yesterday that the Administrative Judge in his EEOC Hearing intended to issue a finding of disability discrimination against the Agency.

Because the case is still pending, and because a beneficial settlement agreement may still be possible for our client, the names of the Agency and other non-material facts have been withheld, removed or altered to protect confidentiality and privacy.

Our client was an aircraft electrician who had applied for a quasi-supervisory Work Leader position in 2007. He was denied selection, and was concerned that his disabling medical condition was a factor in the non-selection.

A few years earlier, our client had been injured on the job, and had permanent limitations to his ability to kneel and squat. For a good period of time, the Agency accommodated their employee, and while there may have been some question whether it was an “over-accommodation”, the accommodation worked for the employee and caused no undue hardship to the Agency.

Just prior to the posting of the vacancy announcement, the employee’s supervisor discontinued her predecessor’s accommodation of our client, and sent him to work in an area of the shop that employees and supervisors alike called the “sick, lame and lazy” area.

The supervisor’s explanation of why she non-selected our client was suspicious, and the AJ seemed to have concerns with the pretextual nature of her so-called legitimate reason for not selecting our client for the Work Leader position.

In any event, the Administrative Judge has sent notice informing the Parties that he intended to find that the non-selection was motivated by disability discrimination, among other potential finding(s) of disability discrimination.

Though our client may still wish to settle his complaints with the Agency, the normal complainant in this scenario would be entitled to attorney fees and costs, as well as compensatory damages (actual and non-pecuniary) that resulted from the discrimination.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

If you believe that you have been the victim of disability discrimination, and would like to speak with an attorney about your EEO and legal rights, or if you would like to discuss legal representation with a lawyer before the Equal Employment Opportunity Commission (EEOC), contact the Attig Law Firm, PLLC.