Failure to disclose pre-existing medical condition at pre-employment.
For purposes of this decision, we have assumed arguendo that complainant is disabled within the meaning of the Rehabilitation Act. The reason given by the agency was complainant’s “Failure to Disclose the Severity of a Pre-Existing Medical Condition during the Pre-Employment Evaluation Process.”
1. On August 6, 1996, she was issued an Emergency Placement; and
2. On November 15, 1996, she was issued a Notice of Removal, effective December 19, 1996.3
After a review of the record in its entirety, including consideration of all statements submitted on appeal, it is the decision of the Equal Employment Opportunity Commission to affirm the final agency order because the Administrative Judge’s ultimate finding, that unlawful employment discrimination was not proven by a preponderance of the evidence, is supported by the record.
Georgia Coste,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(New York Metro Area),
Agency.
Appeal No. 01200538921
Agency No. 4A-117-1161-96
Hearing No. 160-97-8630X
