Agency using medical documents against complainant

A. In its FAD, the agency further noted that complainant submitted

documentation from a physician (GK) who diagnosed complainant with

anxiety disorder with mixed symptoms of anxiety and depression, but that

complainant also incurred other “significant stressors” unrelated to the

discriminatory conduct, including the death of her brother, the illness

of her mother, and difficulties associated with complainant’s pregnancy.

The agency concluded that the evidence showed that complainant’s harm was

temporary and mild, that complainant was not prescribed any medication,

she has been working without limitation from April 1997, and she stopped

seeing her psychologist (Dr. TA) in late 1997.  Finally, the agency argued

that the discriminatory incidents were of relatively short duration in

that the harassment lasted from early 1994 to December of that year,

while the reassignment, removal, and subsequent reinstatement by the

arbitrator covered a period lasting from February of 1995 to October 1996.