Fedweek Legal

In Vindiola v. USPS, EEOC Appeal No. 07A20046 (September 16, 2003), the EEOC found that the US Postal Service discriminated against the employee in violation of the Rehabilitation Act when it improperly requested medical documentation regarding the employee’s mental health. In December 1998, the employee suffered a grand mal seizure while at work. Thereafter, on numerous occasions, the employee and his health care practictioners provided medical documentation concerning his seizures to the agency’s medical consultant. The medical documentation provided to the agency concerning the employee’s seizures stated that the employee could return to work with a few restrictions. Nevertheless, the agency repeatedly asked for medical documentation concerning the employee’s mental health. Because the employee refused to provide unlimited documentation concerning his mental health, the agency stated that he was not permitted to return to work.

At the EEOC hearing, the Administrative Judge found that the agency discriminated against the employee by seeking medical infromation regarding his mental health and not permitting him to return to work until he did so. The agency did not accept the EEOC judge’s decision and appealed to the EEOC’s Office of Federal Operations. On appeal, the agency argued that the judge’s decision, if allowed to stand, would “serve to preclude employers from asking if an employee is medically capable of doing his job without facing liability for perceiving their employee’s as being disabled.” On appeal, the EEOC reversed the agency’s decision and upheld the judge’s decision finding disability discrimination. The EEOC stated that an employer is permitted to make disability-related inquiries or require medical documentation only if the inquiry is job-related and consistent with business necessity. (See 29, C.F.R.