EEOC Appeal 2025003942

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Tiffani G.,1
Complainant,
v.
Troy E. Meink,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 2025003942
Agency No. 9Q0R2400606F25
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
July 21, 2025, final decision 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. and Section 501 of
the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et
seq. For the following reasons, the Commission AFFIRMS the Agency’s final
decision finding no discrimination.
At the time of events giving rise to this complaint, Complainant worked as a Sexual
Assault Prevention and Response Specialist at the Agency’s Hickam Air Force Base
in Honolulu, Hawaii. 	On August 14, 2024, Complainant filed an EEO complaint
alleging the Agency subjected her to discrimination based on national origin (El
Salvador) 	when 	Complainant’s 	supervisor, 	the 	Sexual 	Assault 	Response
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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Coordinator (SARC), told Complainant, “You are very well spoken”; based on race
(White) and color (brown) when the SARC stated, “…sometimes when you are
assigned taskers, you tend to milk them”; the SARC stated, “You must not want to
go home because I don’t see anybody cleaning”; the SARC did not award
Complainant 	a 40-hour time-off 	Civilian 	Performance Award 	similar 	to 	her
coworkers; and based on disability (degenerative arthritis of the spine) when the
SARC discontinued the fitness program.
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 or a final decision from the Agency. When
Complainant did not request a hearing within the time frame provided in 29 C.F.R.
§ 1614.108(f), 	the 	Agency 	issued 	a 	final 	decision 	pursuant 	to 	29 	C.F.R.
§ 1614.110(b).
The Agency found that the SARC articulated legitimate, nondiscriminatory reasons
for her actions. Specifically, for the claim that Complainant was not awarded the
same 40-hour time-off Civilian Performance Award as her coworkers, the SARC
explained that Complainant’s performance level was not similar to her coworkers.
The SARC stated that Complainant struggled to meet deadlines, had difficulty
showing 	up 	to 	work 	on 	time, 	and 	made 	no 	improvement 	after 	numerous
conversations regarding punctuality. For the claim that the fitness program was
discontinued, the SARC explained that this action was taken due to demand for
training placing strain on the team’s schedule. The fitness program was an optional
benefit instituted by the SARC and then discontinued for all employees when
operational demands increased. The Agency found no evidence that the SARC’s
reasoning for her actions was pretext for discrimination.
Regarding harassment, the Agency found no evidence that any of the SARC’s
alleged actions or comments were motivated by the alleged bases in the complaint.
The decision concluded that Complainant did not prove that the Agency subjected
her to discrimination as alleged. Complainant then filed the instant appeal. Neither
Complainant nor the Agency submitted briefs on appeal.
Upon review of the record, we agree with the Agency that the SARC articulated
legitimate, nondiscriminatory reasons for her actions, as stated in the Agency’s final
decision.

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Complainant has not presented evidence to rebut the Agency’s reasoning or show
that it was pretext for discrimination. Regarding harassment, we find no evidence
that 	the 	Agency’s 	actions 	were 	motivated 	by 	Complainant’s 	alleged 	bases.
Furthermore, the SARC’s comments were not sufficiently severe or pervasive to
constitute actionable harassment.
Accordingly, 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).
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.

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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 	_________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 22, 2026
Date