AFGE Applauds EEOC Ruling in Rehab Act Case
September 02, 2008
The American Federation of Government Employees (AFGE) on Aug. 26 applauded an Equal Employment Opportunity Commission (EEOC) ruling which supports an AFGE claim that the Transportation Security Administration (TSA) must abide by Rehabilitation Act provisions that protect employees from discrimination. EEOC reversed an EEOC Administrative Judge’s (AJ) earlier ruling in favor of TSA. TSA argues that the Aviation and Transportation Security Act of 2001 (ATSA)—which created TSA—superseded the Rehabilitation Act. On appeal, however, EEOC sided with the complainant, who said he was denied proper accommodation during TSA’s hiring assessment process, and claimed discrimination based on hearing loss and age. The latest EEOC ruling reversed the previous decision and remanded the case to a supervisory AJ for further review. AFGE said it has long held that the laws creating TSA do not supersede the Rehabilitation Act. EEOC generally has rejected TSA exemption claims regarding the Rehabilitation Act, AFGE said—and noted that in a previous ruling, Judith Getzlow v. Chertoff, EEOC held that “TSA must comply with the requirements of the Rehabilitation Act where there is no conflict between the ATSA-mandated qualification standards and the requirements of the Rehabilitation Act.” To see more, go to: www.afge.org/Index.cfm?Page=PressReleases&PressReleaseID=883.