based on complainants demeanor at hearing?

based on complainants demeanor at hearing?

The AJ noted the agency took the position that complainant was the one
who came forward and said he could not perform the job due to the cluster
headaches that were brought on by excessive heat.  Based on complainant’s
demeanor at the hearing, the AJ found complainant was not “assertive
enough to have explained that in fact he had performed the job [at issue]
before, to explain that it had not been a problem, or to fully explain
the circumstances relating to his medical condition.”  The AJ recognized
that Person A testified that there were other employees who suffered from
medical conditions, such as diabetes, who were also required to inject
themselves with medicine and that there was no problem with any of those
employees except when they failed to properly dispose of their needles.
The AJ also noted management’s testimony showed that the agency was
short-staffed and would be reluctant to give up staff assigned to them.
Moreover, the AJ found that instead of responding to a request for more
information, complainant made the decision that the agency had sufficient
medical information about his medical condition based on his previously
submitted FMLA application.  Thus, the AJ concluded that the agency
established a legitimate, non-discriminatory reason for its action which
complainant failed to show was a pretext for prohibited discrimination.

ref:
Douglas Inselmann,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120070211

Hearing No. 360-2006-00070X

Agency No. 4G-780-0160-05