EEOC Appeal 2026001854

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Kristy E.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2026001854
Agency No. 2003-564-2026-169574
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's final decision dated
March 	13, 	2026, 	dismissing 	a 	formal 	complaint 	of 	unlawful 	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. and the Age Discrimination in Employment
Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq.
During the relevant time, Complainant worked as a Housekeeping Aid at the
Agency’s Veterans Affairs Outpatient Clinic in Fort Smith, Arkansas.
On February 9, 2026, Complainant filed a formal complaint, claiming that the
Agency subjected her to discrimination based on sex (female) and age (born 1956)
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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a. 	On December 30, 2025, the Environmental Management Services (EMS)
Supervisor demanded that Complainant show proof that she received the flu
vaccine.
b. 	On unknown, unspecified dates, a co-worker was unprofessional, negative,
and created a toxic work environment.
On March 13, 2026, the Agency issued a final decision. Therein, the Agency
dismissed the entire complaint pursuant to 29 C.F.R. § 1614.107(a)(1), for failure
to state a claim.
Claim (a)
In claim (a), Complainant claimed that the EMS Supervisor harassed her and a
violated the Health Insurance Portability and Accountability Act of 1996 (HIPPA),
when he asked her to provide documentation that confirmed her vaccination status.
The Commission has held that a claim of harassment may survive if it alleges
conduct that is sufficiently severe or pervasive to alter the conditions of the
complainant’s employment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23
(1993). In this case, the EMS Supervisor requested the documentation to comply
with Agency-wide policies, but his request, on its own, was not sufficiently severe
or pervasive to have reasonably interfered with the conditions of Complainant’s
employment.
To the extent that Complainant is alleging a violation of HIPPA, we find that the
Agency properly dismissed the matter for failing to state a claim. The Commission
has previously determined that matters concerning HIPAA and the Privacy Act are
not within the regulations enforced by the Commission. See Grove v. U.S. Postal
Serv., EEOC Appeal No. 0120110456 (Jan. 5, 2012); Price v. U.S. Postal Serv.,
EEOC Appeal No. 0120111033 (Dec. 8, 2011): Scott v. U.S. Postal Serv., EEOC
Appeal No. 0120101539 (Aug. 13, 2010); Cromer v. U.S. Postal Serv., EEOC
Appeal No. 0120083518 (April 22, 2010). The Department of Health and Human
Services’ Office of Civil Rights enforces HIPAA, making the EEO complaint
process the improper forum to raise a HIPAA violation. Lee v. U.S. Postal Serv.,
EEOC Request No. 0520110481 (Nov. 4, 2011).

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Claim (b)
In claim (b) Complainant alleged that a co-worker subjected her to unwelcome
conduct on unspecified dates, by being unprofessional and negative. While we are
certainly 	mindful 	of 	her 	concerns 	regarding 	the 	co-worker, 	we 	note 	that
Complainant did not allege that her co-worker’s actions caused her harm to a term,
condition, or privilege of employment. Furthermore, Complainant’s version of
events is too vague and unspecific to demonstrate that her co-worker’s actions
were severe or pervasive. See Oncale v. Sundowner Offshore Serv., Inc.,523 U.S.
75, 81 (1998).
Based on a thorough review of the record and the contentions on appeal, we
AFFIRM the Agency’s final 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.

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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.
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.

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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 __________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 16, 2026
Date