Successfully navigating the EEO process can hinge on just a few words in your initial EEO complaint. That’s what happened to our client, whose agency dismissed his discrimination complaint based on a misreading of his claim. We appealed and convinced the Office of Federal Operations (OFO) to reverse the agency’s dismissal and require the agency to investigate the complaint.
Our client suffers from Parkinson’s Disease. He applied for a curator position with the Smithsonian Institution through Schedule A, a process by which employees with disabilities can apply for federal positions. The Smithsonian cancelled the vacancy announcement without selecting a candidate, but only after informing our client that it did not consider his application or the applications of any Schedule A applicants. Our client filed an EEO complaint alleging the vacancy announcement was cancelled to prevent considering him, a disabled applicant, for the position. The Agency summarily dismissed his complaint without an investigation, arguing that an employee cannot state a claim for discriminatory non-selection where the vacancy announcement is cancelled and where no selection is made.
Arguing that in certain cases the cancellation of a vacancy in order to prevent consideration of a disabled applicant can be discriminatory, Associate Attorney, Krista Wallace, contended that where there is evidence that the announcement was cancelled in order to avoid consideration of a disabled applicant, the applicant has the right to file an EEO complaint. The OFO agreed that the agency wrongfully dismissed the complaint, and ordered it to complete an investigation of the claim. We will Continue to represent our client throughout the investigation of his complaint.
This is the fourth successful OFO appeal for Alan Lescht and Associates in the last few months. If your agency improperly dismissed your EEo complaint, we can help. Alan Lescht and Associates, P.C. has more than two decades of experience advocating on behalf of federal employees in all aspects of employment law. Call (202) 464-6036, or visit our website to schedule a consultation.
Murray H. v. Dr. David J. Skorton, Secretary, Smithsonian Institution, Appeal No. 2019000719 (February 6, 2019).
