cluster headaches should be reported before making eeoc discrimination claim

cluster headaches should be reported before making eeoc discrimination claim

while complainant testified he wrote down medical condition on an emergency form, the agency seemed to mysteriously remove document from personel file, and replace it with a blank page.
why was that not enough to convince AJ that agency lied and tampered with evidence in bad faith?

1 The record reveals that during the relevant time complainant suffered
from cluster headaches which he treated with Imitrex and Inderal.
Complainant carried the Imitrex in a pack on his hip and took it via
a syringe when he felt the cluster headaches beginning.  Complainant
stated that by taking Imitrex, the pain from the headache would last
10 to 15 minutes (instead of the pain lasting up to 90 minutes without
the medication).  Further, complainant stated that during the relevant
time he took Inderal twice a day to control his headaches.

2 Although the agency could not produce the employee emergency contact
form completed by complainant during his employment, the record contained
a blank copy of the form.  Further, Person A indicated that although
he could not locate the form completed by complainant, he had no reason
to disbelieve that complainant had indicated on the form that he had a
medical condition regarding cluster headaches.

3 We do not address in this decision whether complainant is a qualified
individual with a disability.

The AJ noted that complainant testified on his first day of employment,
he was required to fill out an employee emergency contact form on which
he listed his medical condition and the medication he was taking. 2
Complainant stated that he discussed his employee information and
emergency contact information with Person A, a Delivery Supervisor, and
Person A told him, “Okay.  We can work with you.”  The AJ found it did not
make sense that upon first learning of complainant’s medical condition,
Person A would initially, according to complainant’s testimony, assure
complainant that he would work with him and then two days latter tell
complainant he could not deliver mail.

In her decision, the AJ determined complainant was not forthright
in disclosing his medical condition when completing forms during the
application process and immediately after being hired.  The AJ found
that although complainant had experienced cluster headaches previously,
had a diagnosed medical condition, and was aware of problems caused
by his condition, he failed to fully disclose his medical condition
to the agency.  Complainant’s failure to fully provide the required
information caused the AJ to “question his credibility in his claim
of discrimination.”

On July 13, 2005, complainant filed an EEO complaint alleging that he was
discriminated against on the basis of disability (cluster headaches) when:
on March 26, 2005, complainant was terminated from his position as a
casual letter carrier.1  The notice of termination shows that complainant
was terminated for inability to perform the duties of the position.

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