Facing discrimination in federal employment due to a disability can be overwhelming and discouraging. A recent Equal Employment Opportunity Commission (EEOC) decision offers hope to federal employees who feel their rights have been violated. In the case of Antwan N. v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security (Customs and Border Protection), the EEOC reversed the Agency’s decision to deny employment to a deaf applicant. Though Southworth PC did not handle this case, we believe it provides valuable insights for federal employees facing similar challenges. Here, Shaun Southworth, Founder and CEO of Southworth PC, offers his professional take on the case.
Case Summary
In EEOC Appeal No. 2022001315 (December 5, 2022), a deaf applicant with a speech impairment applied for a Customs and Border Protection Agriculture Specialist (CBPAS) position at the Miami International Airport. Despite being tentatively selected, the Agency ultimately rescinded the offer, citing his inability to meet certain medical and communication requirements due to his disabilities. The applicant argued that he could perform the essential functions of the job with reasonable accommodations.
After filing an EEO complaint alleging disability discrimination under the Rehabilitation Act, the applicant’s case was reviewed by the EEOC. The Commission found that the Agency failed to conduct an adequate individualized assessment of whether the applicant posed a direct threat or whether reasonable accommodations could enable him to perform the job’s essential functions. The EEOC ruled in favor of the applicant, ordering the Agency to offer him the position with back pay and to take corrective actions.
Shaun Southworth’s Insights
1. Agencies Must Conduct Individualized Assessments and Consider Reasonable Accommodations
This case underscores the duty of federal agencies to provide individualized assessments for applicants with disabilities. The EEOC emphasized that automatically disqualifying applicants based on medical standards without considering reasonable accommodations violates the Rehabilitation Act.
Tip for Federal Employees: If you are an applicant or employee with a disability, remember that you have the right to request reasonable accommodations. Agencies are required to assess your ability to perform essential job functions with those accommodations in place. Keep thorough records of your communications and requests.
2. Understanding the Direct Threat Standard
The Agency claimed the applicant posed a direct threat to safety due to his disability. However, the EEOC found that the Agency did not provide sufficient evidence to support this claim. Employers must show a significant risk of substantial harm, based on an individualized assessment, to invoke the direct threat defense.
Tip for Federal Employees: Know that an employer cannot dismiss you based on generalized or speculative safety concerns. If you’re told you pose a direct threat, ask for the specific reasons and consider consulting a federal employment lawyer to review your case.
3. Importance of Legal Advocacy in EEOC Appeals
The applicant’s persistence in challenging the Agency’s decision was crucial to achieving a favorable outcome. This case demonstrates the impact that knowledgeable legal advocacy can have in EEOC appeals and similar proceedings.
Tip for Federal Employees: If you believe you’ve been discriminated against, don’t hesitate to seek legal assistance. Experienced federal employment attorneys can help you navigate the complex process of filing a complaint, gathering evidence, and representing you in EEOC appeals or Merit Systems Protection Board (MSPB) proceedings.
Conclusion
Discrimination and retaliation have no place in federal employment. If you’re a federal employee facing challenges at work, including wrongful treatment or disability discrimination, reach out to Southworth PC today. As dedicated attorneys for federal employees, we specialize in protecting your rights and guiding you through the legal process. Let us help you achieve the justice and fair treatment you deserve.
This article is for informational purposes only and does not constitute legal advice. The case discussed was not handled by Southworth PC but is analyzed here to provide insights for federal employees. For advice regarding your specific situation, please contact a qualified attorney.