Office of Employment Discrimination Complaint Adjudication

The Office of Employment Discrimination and Complaint Adjudication (OEDCA) is an independent Department of Veterans Affairs (VA) adjudicatory authority created by Congress. Established in February 1998, OEDCA's mission is to objectively review the merits of employment discrimination claims filed by present and former VA employees and non-agency applicants for employment.

On a regular basis, OEDCA publishes summaries of selected decisions that may be instructive or otherwise of interest to employees, supervisors, and senior leaders in the Department. Copies of OEDCA's Digest of selected decisions from 1998-2008 can be accessed at the link below.

Message From the Director:

OEDCA independently and impartially issues final agency decisions and orders adjudicating employment discrimination complaints. OEDCA does NOT conduct hearings — its decisions and orders are based on the written record.

Final decisions and orders issued by OEDCA are not subject to appeal or review by any individual or office within the VA. OEDCA does not represent management, employees, unions, or the Office of General Counsel.

VA employees and applicants for employment who are dissatisfied with an OEDCA decision or order may file an appeal with the Equal Employment Opportunity Commission or a civil action in an appropriate United States District Court. If the final agency decision involves an adverse action, such as a removal, demotion, or suspension for more than 14 days, the complainant may also appeal to the Merit Systems Protection Board.

-Mary Lynne Popiden

News:

Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will require federal agencies to reasonably accommodate the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless the accommodation would impose an undue hardship on agency operations.
(Read More)

OEDCA Highlights:

Employee's Involuntary Retirement Violated the Rehabilitation Act.
(Read More)

Supervisory comments that are likely to deter an employee from engaging in protected EEO activity constitute Reprisal Per Se and are a violation of Title VII.
(Read More)

Employee with MS not a direct threat in the workplace.
(Read More)

Discrimination found when VA used internship program to promote and advance younger employees at the expense of older, more experienced employees.
(Read More)

Finding of reprisal costs VA $10,000 in compensatory damages.
(Read More)

Management's concerns about applicant's "communication skills" found to be pretext for discrimination based on national origin and race.
(Read More)