The Justice Department must revive a conditional offer of employment as an FBI special agent to a former Army captain who essentially lacks vision in his right eye, because DOJ violated the Rehabilitation Act by deeming the applicant a “direct threat” to safety without conducting an adequate individualized assessment, a divided Equal Employment Opportunity Commission decided July 19 (Nathan v. Holder).
Affirming an EEOC administrative judge’s 2006 order that DOJ unlawfully discriminated against applicant Jeremy Nathan, EEOC said Nathan was a qualified individual with a disability under the Rehabilitation Act and DOJ did not meet its burden of ...
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