EEOC Appeal 2025003501

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Dallas D.,1
Complainant,
v.
Brian Stone,
Performing the Duties of Director,
National Science Foundation,
Agency.
Appeal No. 2025003501
Agency No. NSFOECR-24-008
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s
June 24, 2025 final decision concerning his equal employment opportunity (EEO)
complaint of employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. For the following
reasons, the Commission AFFIRMS the Agency’s final decision.
At the time of events giving rise to this complaint, Complainant was employed by
the Agency as a Program Director, AD-04, in the Agency’s Earth Sciences Division,
Directorate for Geosciences, in Alexandria, Virginia.
On April 26, 2024, Complainant filed an EEO complaint alleging that the Agency
subjected him to discrimination and a hostile work environment in reprisal for prior
protected EEO activity when:
1 	This 	case 	has 	been 	randomly 	assigned 	a 	pseudonym 	which 	will 	replace
Complainant’s 	name 	when 	the 	decision 	is 	published 	to 	non-parties 	and 	the
Commission’s website.

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1. On or around February 1, 2024, Complainant was notified that his contract
was not being renewed and subsequently on February 5, 2024, he was notified
that his contract was being terminated early on April 1, 2024;
2. On March 28, 2024, several of Complainant’s relocation expenses were
denied; and
3. Beginning in October 2023, Complainant experienced hostile treatment from
a coworker (CW1) and management ignored his concerns and/or did not
adequately address CW1’s behavior. The hostile treatment included:
a. 	Although CW1 was designated to train him, she was largely unavailable
and acted in an impatient manner towards him and disregarded him,
b. CW1 publicly belittled, chastised, misrepresented and undermined him,
c. 	During 	a 	November 	2023 	panel, 	CW1 	acted 	in 	a 	hostile 	and
disrespectful manner toward him including demanding that he get
coffee for the panelists and dismissing his concerns regarding the
overall panel process, and
d. During a subsequent conversation with CW1 on January 18, 2024,
CW1 used demeaning language and acted in an agitated manner
towards him and then complained about him to his supervisor.
At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of his right to request a hearing before
an EEOC Administrative Judge, or a final agency decision. 	Complainant timely
requested a final agency decision. Accordingly, the Agency issued a final decision
in which it found that Complainant was not subjected to reprisal as alleged.
Complainant then filed the instant appeal.
Having thoroughly reviewed the record we find that the alleged incidents were more
likely the result of routine supervision, personality conflicts, and general workplace
disputes and are therefore insufficiently material to deter protected activity. 	The
record 	reflects 	disputes 	concerning 	training, 	work 	assignments, 	performance
expectations, 	workplace 	interactions, 	and 	the 	handling 	of 	review-panel
responsibilities. These matters, even accepting Complainant’s account, where
disputed, do not rise to the level of actionable harassment. Further, temporal
proximity supports an inference of retaliation only with respect to Claims 1 and 2.
The remaining claims occurred before the filing or notification of the present
complaint. 	Finally, there is no evidence demonstrating that Complainant reported
the alleged harassment until after the decision was made to terminate his assignment
early. Thus, we can also find no basis to impute liability upon the Agency.

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In addition, the Commission finds that Complainant failed to show that the alleged
conduct was based on retaliatory animus. 	For example, the evidence reflects that
the decision not to renew and subsequently terminate Complainant’s assignment was
based on management’s assessment of his performance and workplace conduct. The
record further reflects that the disputed relocation expenses were denied pursuant to
applicable travel requirements and were not the result of a management decision.
Moreover, to the extent that Complainant is alleging disparate treatment regarding
his claims, Complainant has not proffered any evidence demonstrating that the
Agency's explanation for its actions was pretext for reprisal.
Therefore, based on our review of the record and the contentions on appeal,
including those not specifically addressed herein, we AFFIRM the Agency’s final
decision finding no discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1125)
The Commission may, in its discretion, reconsider this appellate decision if
Complainant or the Agency submits a written request that contains arguments or
evidence that tend to establish that:
1. 	The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
2. 	The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Sector
(OFS) within thirty (30) calendar days of receipt of this decision. 	If the party
requesting reconsideration elects to file a statement or brief in support of the request,
that 	statement 	or 	brief 	must 	be 	filed 	together 	with 	the 	request 	for
reconsideration. 	A party shall have twenty (20) calendar days from receipt of
another party’s request for reconsideration within which to submit a brief or
statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015).

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Complainant should submit their request for reconsideration, and any statement or
brief in support of their request, via the EEOC Public Portal, which can be found at
https://publicportal.eeoc.gov/Portal/Login.aspx. 	Alternatively, Complainant can
submit their request and arguments to the Director, Office of Federal Sector, Equal
Employment Opportunity Commission, via regular mail addressed to P.O. Box
77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE,
Washington, DC 20507. 	In the absence of a legible postmark, a complainant’s
request to reconsider shall be deemed timely filed if OFS receives it by mail within
five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the
EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either
party’s request and/or statement or brief in opposition must also include proof of
service on the other party, unless Complainant files their request via the EEOC
Public Portal, in which case no proof of service is required.
Failure to file within the 30-day time period will result in dismissal of the party’s
request for reconsideration as untimely, unless extenuating circumstances prevented
the timely filing of the request. 	Any supporting documentation must be
submitted together with the request for reconsideration. 	The Commission will
consider requests for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. § 1614.604(f).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124)
You have the right to file a civil action in an appropriate United States District Court
within ninety (90) calendar days from the date that you receive this decision. 	If
you file a civil action, you must name as the defendant in the complaint the person
who is the official Agency head or department head, identifying that person by their
full name and official title. Failure to do so may result in the dismissal of your case
in court. 	“Agency” or “department” means the national organization, and not the
local office, facility or department in which you work. If you file a request to
reconsider and also file a civil action, filing a civil action will terminate the
administrative processing of your complaint.

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RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you. You
must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s
Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere __________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 30, 2026
Date