Kraus

I. Background

According to her complaint, Kraus is African American, female, a lesbian, and an individual disabled due to dyslexia, emotional distress, anxiety, depression, a back injury with sci- atica, and brain damage caused by lead poisoning. Kraus was employed by the Presidio Trust as a maintenance inspector from 1998 until at least October 2007. She alleges that she was discriminated against on various occasions because of her race, gender, sexual orientation, and disabilities,2 and was retaliated against on the basis of her participation in the dis- crimination complaint process.

On May 19, 2003, Kraus filed her first equal employment opportunity (EEO) complaint with the Presidio Trust, alleging three distinct instances of employment discrimination and retaliation in connection with her attempts to gain access to an employee vanpool program, all the members of which were male.3 An administrative judge heard Kraus’s case and granted the Presidio Trust’s motion for summary judgment as to all three claims. The Presidio Trust later adopted the administrative judge’s decision as its own.

Kraus appealed the Presidio Trust’s final decision to the Office of Federal Operations…