c. Other Contributing Factors
We find insufficient evidence to support the agency’s assertion
that complainant’s disabled daughter added to his emotional distress.
As noted above, several credible witnesses, including complainant’s wife
corroborate the assertion that his emotional crisis began after the second
non-selection; as that was the moment he realized that his supervisor
would never promote him based on his status in the protected groups.
The agency failed to present evidence of any significant event in
complainant’s life (other than the non-selections) that occurred during
the same 1997-1998 time frame which could have caused the severe change
in complainant’s emotional state.
reference:
Milton Aponte,
Complainant,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
(Immigration and Customs Enforcement Agency)
Agency.
Appeal No. 01200635321
Agency No. 040228
