Q: can a former DOD federal employee who filed a harassment/discriminate continue with a case after a disability retire?
an EEO officer called me and said i should fill out a withdraw complaint. since i am already medically retired out. But i feel that my former supervisor like to keep me in the hot parking lot instead of the office or warehouse where my prescribe medicine could work on me. eventually i just filled for disability and got approved. Before leaving i filed an EEO complaint that 2 other employee were not counseled as i was for medical reason or mobilized reason.
A:
Regardless of whether you filed your employment discrimination complaint with the EEOC or the DOD EEO the relief you can receive is almost exactly the same: Reinstatement to the position and back pay. So since you have already filed for and received disability and are "medically retired out" it appears that the investigator(s) are trying to convince you to withdraw your discrimination complaint. You do NOT have to do it; however, they will probably dismiss it anyway.
In either event you will probably receive a "Letter of Right to Sue" the DOD agency you worked for.
A: You can still pursue your EEO Complaint. While the disability retirement may impact a claim to lost wages, you could still seek damages for "pain and suffering" caused by the potential discriminatory conduct of your employing executive Agency. Talk to an attorney who focuses on representing federal employees, go over your case, and see if it is worth hiring an attorney to press forward with your claim. Best of luck!
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