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Wendell Tyler was diagnosed as a paranoid schizophrenic in 1980, some nine years before he began working as a window clerk for the Postal Service in Rantoul, Ill.

In February 1993, Tyler's psychiatrist declared him unfit to work because his work environment worsened his condition. Six months later, Tyler went to the Rantoul post office and threatened one of his former co-workers. The co-worker told the postmaster about the incident and another co-worker contacted the police.

When police officers came to investigate the incident, the postmaster advised them of Tyler's condition, adding that he had been discharged from the Air Force because of his condition and that he had a disability case pending against the agency.

The postmaster also told officers that Tyler had weapons in his home. The postmaster made clear that she didn't want any action taken against Tyler, but did want to make the officers aware of the threat Tyler had made against his former colleague.

Tyler learned about the police report three years later while pursuing an Equal Employment Opportunity complaint. He then claimed that the police report and the postmaster's revelations were the reasons why he had been arrested on weapons violations and evicted from his apartment.

An administrative judge found that Tyler's rights were violated under the 1973 Rehabilitation Act. According to the law, his medical information should not have been revealed. The agency did not initially accept the judge's decision. However, on appeal, the judge's decision was upheld. The agency was then ordered to remove any reference to the police report from its records.

Wendell Tyler v. Postal Service, Equal Employment Opportunity Commission, Docket No. (#01994300), July 17, 2001.

Hiring by Race

In 1994, the Defense Protective Service did not promote police officer Lewis Wilson to one of three open sergeants' positions at the Pentagon. Wilson, who is black, filed an Equal Employment Opportunity complaint with the Defense Department, alleging he was passed over because of his race.

Despite being ranked one of two top candidates for the position, Wilson was not promoted because the hiring official found he had substandard administrative skills. Instead, the official picked two white officers and one black officer to be sergeants, two of whom were technically not eligible for promotion.

The hiring official chose the black officer to be a sergeant in order to insulate his decision from potential EEO complaints, according to two lieutenants who helped rank the applicants. "If the [official] could have done so without any grievances being filed, none of the black candidates on that list would have been considered," testified one of the lieutenants during an Equal Employment Opportunity Commission hearing.

But even if the official did promote a black officer to preempt possible discrimination complaints, it does not mean that Wilson was the victim of discrimination, since white candidates were also affected by the promotion, according to the EEOC judge in the case. In a 1998 ruling, the judge upheld the agency's decision in the case.

Wilson appealed this decision, and later the EEOC reversed its original ruling. The EEOC criticized the reasoning of the judge in the original case, noting that under the 1991 Civil Rights Act, racial discrimination can occur even if a plaintiff is not hurt by it. Because race was a "motivating factor" in the hiring decision, the agency ruled Wilson was discriminated against because of his race.

The Defense Protective Service has 45 days to give Wilson a retroactive promotion to sergeant rank.

Lewis Wilson v. Donald H. Rumsfeld, Secretary, Department of Defense (# 01984007), Sept. 28, 2001.