Bulah C. v. Department of Justice, Federal Bureau of Investigation, EEOC Appeal No. 2024003767.
The Complainant worked for the Federal Bureau of Investigation (FBI) as a Special Agent. In 2017, she requested a reassignment due to a chronic medical condition. Three years later, she applied for a promotion to a Senior Special Agent position. Although the Local Career Board ranked her as the number one candidate, the Special Agent in Charge re-ranked the Complainant as third place. He knew about the Complainant’s medical condition, and he noted her reassignment request in his written justification for re-ranking her.
The Complainant retained our firm to represent her in an EEO case against the FBI. We filed her EEO complaint, represented her during the FBI’s investigation of the complaint, and requested a hearing before a U.S. Equal Employment Opportunity Commission (EEOC) Administrative Judge. Because the Complainant did not mention the words “reasonable accommodation” when she requested reassignment, the judge found that she did not engage in protected activity under the Rehabilitation Act and dismissed the case without a hearing.
We filed an appeal with the EEOC’s Office of Federal Operations (OFO). The OFO rejected the judge’s finding that the Complainant did not make a legally protected request for reasonable accommodation. The OFO explained that an employee does not have to use “magic words” and “need only inform the Agency that she needs an adjustment of change at work for a reason related to a medical condition.”
Further, the OFO found no evidence to support the FBI’s supposed reason for re-ranking our client —that her request for reassignment meant she couldn’t perform the essential functions of her position. On the contrary, the record showed that the Complainant had a stellar performance record and was plainly the most qualified candidate for the promotion. The OFO issued a decision in our client’s favor and awarded her full relief —retroactive promotion, backpay, compensatory damages, and attorneys’ fees.
Shareholder Katie Watson represented the Complainant.
