Our client developed a hypersensitivity to the carpet in her work area and was diagnosed with Occupational Asthma. After she requested reasonable accommodations for her disability, the agency ordered our client to report for a fitness-for-duty examination and lowered her performance rating. We filed an appeal with the EEOC Office of Federal Operations (OFO). Based on the arguments and evidence we presented, the OFO held that the agency violated the Rehabilitation Act by discriminating and retaliating against our client when it required her to report for a fitness-for-duty examination and lowered her performance rating. The OFO ordered the agency to give our client a performance rating of “Outstanding,” to conduct a supplemental investigation regarding our client’s compensatory damages, to provide remedial EEO training to the responsible management officials, and to consider taking disciplinary action against those officials.
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