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Murray H v. Smithsonian Institution

Our client suffers from Parkinson’s Disease. He applied for a curator position with the Smithsonian through Schedule A, an application process that employees with disabilities may utilize. The agency cancelled the vacancy announcement without selecting a candidate, and informed our client that it did not consider the applications of any Schedule A applicants. Our client subsequently filed an EEO complaint alleging the vacancy announcement was cancelled to prevent considering disabled applicants for the position. The agency immediately dismissed his complaint without an investigation. It argued that an employee cannot file a non-selection claim where the vacancy announcement is cancelled and where no selection is made.

We argued that where there is evidence that the announcement was cancelled in order to avoid considering a disabled applicant, the applicant has a right to file an EEO complaint. The OFO agreed and ordered the agency to complete an investigation of the claim.

Please click here to read a copy of the decision.

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