The Foreign Service Journal, September 2010

S E P T E M B E R 2 0 1 0 / F O R E I G N S E R V I C E J O U R N A L 29 depression, one in 1996 for which he took medication for two months; and another in 2002, for which he took medication for six months, pre- cipitated by such life stressors as the death of his father. MED told the EEOC: “With complainant’s history, we would be concerned that there is a very high risk of significant relapse (or worse) if he were in a difficult situation.” However, the EEOC noted that “in July 2002, at the height of complainant’s second depressive epi- sode, the psychiatrist reported that he observed in com- plainant ‘no aggressive or impulsive behavior.’” The most serious symptoms he experienced were “depressed mood, crying spells, poor body image, anxiety, hyperphagia (overeating) and frustration.” The EEOC concluded, “We find that the agency failed to conduct an individualized assessment, jumping to con- clusions based on their own unfounded assumptions and fears.” It ordered State to offer the candidate a retroactive entry-level Foreign Service officer position, in- cluding back pay, interest and com- pensatory damages. The EEOC further ordered the department to conduct training for MED person- nel, to consider disciplining the re- sponsible officials, and to post a public notice. It issued the same order in the case of a fourth candi- date, who has asked that identifying information about the case not be published in this article. However, the EEOC’s comments are worth noting: “The MED clearance staff did not contact complainant’s physicians to investigate whether their assumptions were true or not.” ... “Amaz- ingly, two of the physicians who supposedly ‘reviewed’ complainant’s medical record admitted that they never saw the letters from complainant’s physicians which reported that no follow-up was required in the coming two years.” F O C U S I’ve found MED personnel to be pleasant, helpful and professional in dealing with medical matters.