2024005168•EEOC Appeal 2024005168
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Janay H.,1 Complainant, v. Pete Hegseth, Secretary, Department of War2 (Defense Finance and Accounting Service), Agency. Appeal No. 2024005168 Hearing No. 532-2023-00056X Agency No. DFAS-00005-2023 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 August 30, 2024 final order concerning her 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as 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. 2 Pursuant to Executive Order 14347, Restoring the United States Department of War, issued on Sept. 5, 2025, the Department of Defense is to be known as the Department of War. Any references in the record or decision to the Department of Defense should be read interchangeably as the Department of War.
2024005168 2 amended, 29 U.S.C. § 621 et seq. For the following reasons, the Commission AFFIRMS the Agency’s final order. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Military Pay Technician, GS-0545-05, at the Agency’s office in Cleveland, Ohio. On January 25, 2023, Complainant filed (and later amended) an EEO complaint alleging that the Agency discriminated against her and subjected her to a hostile work environment on the bases of race (African American), disability (Physical), and age (60) when: 1. On November 15, 2022, she received a Letter of Reprimand; 2. On March 6, 2023, she received a decision to suspend for 14 calendar days; 3. On April 13, 2023, her promotion to GS-06 was delayed; and 4. She further alleged she was subjected to harassment when: a. On March 13, 2023, the Pay Adjustment Authorization training was cancelled, b. On February 10, 2023, her first line supervisor issued Complainant a proposal to suspend her for 14 calendar days, c. On January 27 and February 8, 2023, Complainant received five “fails” from her supervisor, d. On February 7, 2023, her supervisor returned 30 of 164 cases to Complainant for corrections, e. On February 7, 2023, her supervisor recorded her conversation with Complainant without notifying Complainant, f. On November 4, 2022, the Supervisory Military Pay Technician informed Complainant that her Family Medical Leave Act (FMLA) request was incomplete, g. On October 18, 2022, the Branch Chief told Complainant that her telework privilege was being revoked, h. On September 19, 2022, Complainant received a Letter of Warning,
2024005168 3 i. On August 22, 2022, Complainant’s privileges on GO-DOCS3 were restricted, j. On July 11, 2022, her supervisor cancelled Complainant’s Fundamentals 101 class, and k. Since July to November 21, 2022, her supervisor has not been consistently assigning her cases. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing. The AJ assigned to the case granted the Agency’s motion and issued a summary judgment decision finding that Complainant was not subjected to discrimination or reprisal as alleged. The Agency subsequently issued a final order fully adopting the AJ’s decision. The instant appeal followed. Even construing any inferences raised by the undisputed facts in favor of Complainant, a reasonable factfinder could not find in Complainant’s favor. The undisputed record showed that the Agency articulated legitimate, nondiscriminatory reasons for each of the actions. For example, Complainant made repeated errors, failed her Fundamental Trainings, and received a Letter of Warning for being unsuccessful in passing the training courses necessary for her position. Her telework privileges were revoked due to her inability to process cases correctly. Complainant offered no evidence to suggest that the Agency acted with discriminatory animus or that the Agency’s reasons for its actions were pretextual. In addition, we find that the alleged incidents, even assuming they occurred as described by Complainant, were more likely the result of routine supervision, personality conflicts, and general workplace disputes and are therefore insufficiently severe or pervasive to establish a discriminatory hostile work environment. In addition, the Commission finds that Complainant failed to show that the alleged conduct was based on discriminatory animus. Upon careful review of the AJ’s decision and the evidence of record, we conclude that the AJ correctly determined that the evidence did not establish that Complainant was subjected to discrimination or a hostile work environment as alleged. 3 GO-DOCS is the Agency’s system for assigning work assignments to employees.
2024005168 4 CONCLUSION Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision. 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). 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,
2024005168 5 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.
2024005168 6 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 24, 2026 Date
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