EEOC No. 570-2008-00018X (EEOC): The U.S. Equal Employment Opportunity Commission (EEOC) certified a class of Foreign Service Officer applicants to the State Department, challenging the agency’s implementation of a “worldwide availability” policy which discriminates against candidates with disabilities, which has precluded hundreds from pursuing careers in the Foreign Service. The case was initiated in 2006 and remains in active litigation, and in 2014, the full EEOC denied the agency’s attempts to reverse the class certification order. In 2015, the EEOC refused to reconsider its order affirming class certification. After obtaining critical admissions in discovery in 2020, the now 16-year-old case has been in mediation since summer 2021 which could lead to a complete overhaul of the State Department’s medical clearance policies and tens of millions of recovery for the long-suffering class members. Meanwhile, Bryan Schwartz obtained a career Foreign Service position for lead class agent Doering Meyer, whose multiple sclerosis was originally used to justify denying her this opportunity.
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