2026000111•EEOC Appeal 2026000111
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Lynnette M.,1 Complainant, v. Douglas J. Burgum, Secretary, Department of the Interior (Geological Survey), Agency. Appeal No. 2026000111 Agency No. DOI-USGS-22-0204 DECISION Complainant filed an appeal to the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s September 19, 2025, final decision concerning her equal employment opportunity (EEO) complaint alleging 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. At the time of events giving rise to this complaint, Complainant was employed by the Agency as a Research Ecologist, GS-13, at the Agency’s Fort Collins Science Center (FCSC) in Fort Collins, Colorado. 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 2026000111 Complainant’s first-level supervisor at the time (Supervisor 1A) was the Research Ecologist and Acting Branch Chief. Report of Investigation (ROI) at 139. Supervisor 1A retired, and subsequently on July 1, 2022, Complainant was notified that the Deputy Center Director (Supervisor 1B) was her new direct supervisor. Complainant’s second-level supervisor (Supervisor 2) was the Center Director. ROI at 546, 1055, and 1330. The Deputy Director for Pacific Island Ecosystems Research Center (PIERC) in Hawaii (PIERC Deputy Director), the former Deputy Regional Director for Science now Regional Director for Science (Regional Director), and the current Deputy Regional Director for Science (Associate Regional Director) were also identified by Complainant. ROI at 139-49. Complainant stated that her disability is post-traumatic stress disorder (PTSD). Complainant had prior EEO activity, including filing a previous complaint in 2021; filing a previous reasonable accommodation request in 2020; reporting harassment to Employee Relations (ER) in August 2020; starting an “internal harassment investigation” in January 2021; requesting reassignment in 2021; and filing a reasonable accommodation request in May 2022. ROI at 103, 139-41, and 145. Complainant initiated EEO contact on March 2, 2022. On May 20, 2022, Complainant filed an EEO complaint (with subsequent amendment on July 6, 2022, August 30, 2022, October 4, 2022, October 12, 2022, and March 3, 2023) alleging discrimination and harassment by the Agency on the bases of disability (mental) and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 and Section 501 of the Rehabilitation Act of 1973 when: 1. On February 18, 2022, Complainant received an email from Supervisor 1B removing duties assigned to Complainant and reassigning them to himself; 2. On February 18, 2022, Complainant received an email stating that Supervisor 2 and Supervisor 1B expected Complainant to finalize a manuscript over the holiday weekend; 3. On March 2, 2022, Complainant did not receive a response when she asked management about her removal as Team Lead (or project lead); 4. On March 2, 2022, Supervisor 1B agreed with Supervisor 2 and Regional Director to remove Complainant as the project lead;
3 2026000111 5. On March 10, 2022, after Supervisor 1B received notification that Complainant filed an informal EEO Complaint, Complainant was ordered to return her United States Geological Survey (USGS) computer; 6. On April 6, 2022, Complainant discovered that her coworker submitted Complainant’s work under another Research Ecologist’s name, and when Complainant questioned the alleged plagiarism, Complainant was told that her ideas are owned by the government and management; 7. On May 31, 2022, Supervisor 1B contacted Complainant and stated that he would conduct an inquiry into Complainant’s potential misconduct; 8. On June 1, 2022, Complainant informed Supervisor 1B, a Human Resources Representative (HR Representative) from Employee Relations (ER), and a representative from the Regional Office that, due to Supervisor 1B’s conflict of interest and lack of objectivity, Complainant requested a neutral party to conduct the interview concerning Complainant’s potential misconduct; 9. On June 1, 2022, HR Representative stated that Complainant was required to cooperate with the interview led by Supervisor 1B concerning Complainant’s potential misconduct; 10. On July 1, 2022, Supervisor 2 notified Complainant through the center wide email, that Complainant’s direct supervisor is Supervisor 1B, however, on record her direct supervisor is Supervisor 1A; 11. On March 23, 2022, HR Representative informed Complainant that Complainant could not engage in EEO matters while on Family Medical Leave Act (FMLA) leave; 12. On April 7, 2022, HR Representative told Complainant that it was management’s decision to direct Complainant not to contact her fellow Research Ecologist, thereby ignoring Complainant’s claim that the fellow Research Ecologist was creating a hostile work environment; 13. On April 11, 2022, Complainant’s reasonable accommodation request was not granted;
4 2026000111 14. On June 22, 2022, HR Representative informed Complainant that management was reviewing a proposed harassment case against Complainant, however, when Complainant spoke to management, they stated that they had no knowledge of the harassment case against Complainant; 15. On June 28, 2022, the project Complainant worked on was moved to another region and at the same time, Complainant received notice about a potential work transfer to Guam or Hawaii; 16. In July 2022, Complainant was informed that the ER Office issued the no contact orders, however, during Complainant’s communication with HR Representative concerning the no contact order process, HR Representative was disingenuous with Complainant; 17. On July 22, 2022, HR Representative directed Complainant to contact leadership about any conduct concerns she may have. However, when Complainant contacted leadership, they expressed that they had no knowledge; 18. On September 30, 2022, PIERC Deputy Director in Hawaii stated that the Agency may not reappoint Complainant as the representative for the project she leads upon completion of her detail; 19. On October 12, 2022, Complainant received communication from PIERC Deputy Director in Hawaii that the project Complainant initiated was reassigned to her fellow Research Ecologist by Supervisor 1B; 20. On March 3, 2023, Complainant was issued a “Letter of Reprimand” by Regional Director and the Associate Regional Director; and 21. On March 3, 2023, Complainant was issued a “Letter of Counseling” by Regional Director and the Associate Regional Director. The Agency conducted an investigation. The investigation revealed that Office of Insular Affairs proposal-related duties were never assigned to Complainant. According to Supervisor 1B, after reviewing and considering the proposal writing issue, he decided that input from all center scientists would be used to finalize the ranking of all proposals rather than Complainant creating the process on her own.
5 2026000111 He stated that Complainant chose not to submit proposals or participate in the discussions about the Center-level proposal submission. ROI at 1056-61. Management stated that Complainant mischaracterized a simple work assignment that she should have completed within a few minutes. According to Supervisor 1B and Supervisor 2, the task was to restore a coworker (Coworker 1’s) name as a co- author on a manuscript, and to send it to Coworker 1 by a certain deadline during business hours. Supervisors 1B and 2 denied directing Complainant to work over the holiday weekend. ROI at 1056-61 and 1331-32. Supervisor 1B and Regional Director stated that Complainant went on FMLA leave on March 2, 2022, and in compliance with FMLA, it was necessary to temporarily reassign her duties and responsibilities for continued work productivity. Supervisor 1B denied any removal or reassignment of duties but specified a temporary assignment of duties necessary to complete the business of the Agency. ROI at 1061- 63 and 1362-67. HR representative also denied informing Complainant that she was not permitted to work on her EEO activity while on FMLA leave. Instead, he asserted, he advised her that she was permitted to use duty time to work on EEO activity so that she would not be required to work on her EEO activity while on leave, although she was free to do so. ROI at 1507-08. Supervisor 1B was unaware of communication stating that Complainant was removed as Team Lead. ROI at 1055 and 1061. PIERC Deputy Director stated that Complainant asked to let her know if he would like to counteract Supervisor 1B’s and Supervisor 2’s decision to revoke her responsibilities. According to him, he was not aware of what Complainant was speaking about and did not want to counteract any decisions made by her supervisors, so he did not respond. PIERC Deputy Director asserted that he had already explained that these types of decisions were the responsibilities of science center supervisors and not at his level. ROI at 1342. Regional Director also specifically stated that she was not aware that Complainant was ever removed as lead for a project. According to her, multiple issues were converging, specifically that Complainant would be going on a rotation and that Complainant was discussing with Supervisor 1B as to what would happen to her duties. ROI at 1362 and 1364. She also stated that reassigning tasks to make sure work is completed while an employee is away has nothing to do with any EEO activity.
6 2026000111 She added that other than discussing the possibility of entering counseling with Complainant’s supervisor in January 2021, and Complainant’s email in February 2022 asking for assistance in determining who Complainant should file against, Regional Director knew of no EEO activity that would impact making sure USGS delivered on science commitments. ROI at 1366. Complainant herself stated that she did not know whether she had been removed as a Team Lead; and that management has stated that she will return to her duties when she completes her detail. ROI at 154-57. Complainant explained that she was not officially removed as a project lead, but that all the team/project lead duties were removed except for managing funding, which is an accounting role and not a leadership role. Complainant also stated that Supervisor 2 started revoking and redelegating Complainant’s duties immediately after Complainant consulted ER in August 2020, and that the changes continued by the time Complainant started her detail in March 2022. ROI at 156-57. Supervisor 1B denied awareness of communication that removed Complainant as a project lead, asserting that Complainant remains the Project Chief in the USGS project planning system as of July 8, 2022. According to him, Complainant started FMLA leave on March 2, 2022, and that, to comply with the requirements under FMLA, it was necessary that during her absence, management temporarily reassigned Complainant’s usual duties and tasks. Supervisor 1B stated that this was not a removal or reassignment of duties but, rather, a temporary assignment of duties necessary to complete the business of the Agency. ROI at 1061-63. Regional Director provided supporting statements. ROI at 1362-67. Complainant stated that shortly after she filed an informal complaint, management sent out an email the next business day after she was asked to return her laptop stating that everyone was required to submit their laptops as all computers needed to be backed up. Complainant also stated that all her files were stored in SharePoint and she did not store information on her hard drive so no back up was required. Complainant asserted that, ultimately, she did not return the laptop. ROI at 157-60. Complainant provided a copy of an email showing that HR Representative emailed Complainant on March 10, 2022, stating that Complainant would be contacted to transition for her 6-month detail. HR Representative stated in the email that Complainant needed to backup and patch her current laptop, and that she may need a new laptop for her detail. ROI at 238.
7 2026000111 According to Supervisor 1B, there was no request made for Complainant to return her computer on March 10, 2022. Instead, Complainant was informed on March 23, 2022, that she needed to select an option for the USGS furnished computer assigned to her to be backed up by March 28, 2022, prior to Complainant’s detail at the Department of Homeland Security. On March 25, 2022, Supervisor 1B sent an email notifying all employees that on their report date, they were to return all equipment taken home during telework and to coordinate with their supervisor regarding a backup of the USGS-furnished computers. Supervisor 1B stated that the notice was sent in preparation for the return to the physical worksite of all permanent federal employees on March 28, 2022. ROI at 1064-67. Regional Director provided supporting statements, asserting that science centers needed to ensure that all work products and data were backed up on their internal systems and, all telework employees were asked to submit their laptops for back up. She stated that when she learned that Complainant would be leaving a detail, she asked Complainant to expedite her laptop back up before she went on detail to prevent disruption. ROI at 1367-71. Supervisor 1B stated that a complaint was made in early May 2022 about the process leading up to the capture of wild lizards on Guam and Cocos Island and the care of those lizards between June 2021 and Fall 2021. According to him, the complaint alleged that many lizards died and that management agreed that the issue required investigation. An inquiry was conducted to understand the situation and to determine if there were changes required in policy to better manage the FCSC and ensure compliance with rules and policies. ROI at 1241-44. Regional Director provided supporting statements, adding that the inquiry only concerned what happened to the lizards, not who was responsible for the deaths of the lizards. ROI at 1381-85. DPM Director asserted that management refrained from having Complainant work on Brown Tree Snake related matters while she was on detail so that she could focus on her detail. He stated that Complainant expected to be restored every responsibility that she had prior to the detail, asserting that this was a term of her detail. However, DPM Director stated that per her detail agreement, Complainant was still subject to a supervisor’s decisions about research assignments like other federal employees. He also told her multiple times that he considered her a Project Leader for the Brown Tree Snake project, so Complainant was still in that role. DPM Director also explained that being appointed to a representative of a project was not a guaranteed part of Complainant’s position. He was also unsure about what Complainant’s role
8 2026000111 would be in the future due to the Agency’s collaborators requesting that DPM Director serve as the representative for the Brown Tree Snake project for an additional period. ROI at 1538-39. DPM Director denied stating to Complainant that a research proposal, which Complainant initiated, was reassigned to Coworker 1 by Supervisor 1B. According to him, both Complainant and Coworker 1 were working on different proposals. He also stated that there were inevitable similarities between the two proposals, as there was limited universe relating to the subject matter. DPM Director stated that Complainant’s allegation was a mischaracterization of what had occurred at a meeting in November 2022, showing the origin of the proposals. He added that no project was taken away from Complainant; and that he also told Complainant that she was welcome to propose a research role that she could perform on the new project, and she would still be welcome to participate. ROI at 1539-40. Supervisor 1B stated that Complainant reported that Coworker 1 plagiarized Complainant’s work by incorporating Complainant’s ideas into her project proposal. Supervisor 1B told Complainant that idea generation is a normal part of group discussions within a research team and that during Complainant’s medical leave and subsequent detail, the project moved forward to propose potentially viable projects for funding that were of interest to the team. According to him, Coworker 1 did not plagiarize Complainant’s work as Complainant asserted. ROI at 1067-69. HR Representative stated that an agency investigation was conducted into Complainant’s claim that Coworker 1 plagiarized Complainant’s work and that the investigation found that Coworker 1 had done nothing inappropriate. ROI at 1488- 89. Supervisor 1B, Regional Director and HR Representative stated that Complainant was issued a no contact order due to allegations that she was creating a hostile work environment for Coworker 1, and ultimately Complainant’s own conduct. HR Representative also stated that Complainant was issued the no contact order due to Complainant contacting Coworker 1 and accusing her of plagiarism after the Agency had determined that Complainant’s allegations of plagiarism were unfounded. ROI at 1290-93, 1448-50, and 1510-12. Regional Director stated that the Letter of Reprimand and Letter of Counseling were warranted due to Complainant’s lack of candor. Associate Regional Director added that Complainant failed to produce information during a harassment investigation
9 2026000111 set forth in December 2020. According to her, Complainant made misrepresentations to the investigator, which ultimately led to both disciplinary actions. At the time she made her reasonable accommodation request in May 2022, Complainant was serving a six-month detail with the Department of Homeland Security that commenced on or around March 28, 2022. ROI at 252 and 1291. Complainant also admitted that the agency did move her and the project on which she was working to another region so none of these people (her supervisory chain) were in her chain of command anymore. According to Complainant, a named individual took action and moved the project and everyone involved in her allegations from interacting with Complainant and had also largely removed them from being able to evaluate and contact Complainant. Complainant stated that maybe with the exception of one named employee, “it has probably effectively stopped the harassment…” ROI at 546-47. The Agency also searched for a vacant funded position to which Complainant could be reassigned. ROI at 1510-12. Complainant admitted that on July 28, 2022, she was notified by a third named individual that she would receive a reassignment to the position identified in her reasonable accommodation request by her doctor; however, she was ultimately notified on December 16, 2022, that her application package did not meet the position requirements. ROI at 1986-88. As of February 7, 2023, the Agency was looking for an accommodation of last resort. ROI at 1511. DPM Director also granted Complainant an effective reasonable accommodation on October 4, 2023, allowing her to remain in remote work status, duty-station in Fort Collins, Colorado, subject to periodic review for effectiveness consistent with Department policies including but not limited to PB 21-03: Processing Requests for Reasonable Accommodation for Individuals with Disabilities and PB 20-06: Department Remote Work Policy. However, Complainant rejected the reasonable accommodation. See FAD at 65-70. DPM Director sent Complainant a memorandum seeking clarification of the reasonable accommodation request on July 2, 2024. The memorandum stated that DPM Director and Complainant were still undergoing an interactive dialogue to discuss her voluntary reassignment of last resort. See FAD at 72-7. The memorandum also stated that on May 6, 2024, DPM Director was willing to discuss the voluntary reassignment, and then subsequently on June 19, 2024, Complainant sent DPM Director another email asking him to initiate the
10 2026000111 reassignment/accommodation of last “process” and requesting leave in the interim. According to DPM Director in the memorandum, on June 21, 2024, he provided Complainant with information concerning her right to request leave under FMLA, and on June 27, 2024, he approved Complainant’s request to take 152 hours of annual leave unrelated to FMLA. Id. DPM Director subsequently approved Complainant’s additional request for 240 hours of annual leave as an accommodation for October 7, 2024, through November 19, 2024, consistent with the medical documentation Complainant submitted on July 10, 2024, which stated that Complainant was incapacitated for a continuous period of time through December 15, 2024. DPM Director also invited Complainant to provide additional medical documentation that clearly outlined the limitations caused by her disability, how these limitations impact her ability to perform specific essential job functions and identify accommodations that would help her overcome these limitations while allowing her to meet the essential requirements of her position as a Research Ecologist, GS-0408-13. Complainant sent DPM Director an email on November 24, 2024, where she indicated that she would like to “discontinue pursuing this [reasonable accommodation].” See FAD at 79-80. 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 Equal Employment Opportunity Commission Administrative Judge, or a final decision from the agency. After Complainant requested a decision, the Agency issued a final decision (FAD) pursuant to 29 C.F.R. § 1614.110(b). The Agency concluded that Complainant did not prove that the Agency subjected her to discrimination as alleged. Complainant then filed the instant appeal. On appeal, Complainant, among other things, contests the FAD, reiterating her allegations and arguing that dismissal of her claims is legally and procedurally flawed. According to Complainant, the FAD ignores binding Commission precedent, mischaracterizes key facts, and fails to apply and address appropriate legal standards. For these reasons, Complainant asserts, reversal is warranted. We will address Complainant’s arguments below. The Agency, in pertinent part, argued that its final decision should be affirmed.
11 2026000111 As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R. § 1614.110(b), the Agency's decision is subject to de novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-16 (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the Commission examine the record without regard to the factual and legal determinations of the previous decision maker,” and that EEOC “review the documents, statements, and testimony of record, including any timely and relevant submissions of the parties, and . . . issue its decision based on the Commission’s own assessment of the record and its interpretation of the law”). To prevail in a disparate treatment claim, a complainant must satisfy the three-part evidentiary scheme fashioned by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). A complainant must initially establish a prima facie case by demonstrating that he/she was subjected to an adverse employment action under circumstances that would support an inference of discrimination. Furnco Constr. Co. v. Waters, 438 U.S. 567, 576 (1978). Proof of a prima facie case will vary depending on the facts of the particular case. McDonnell Douglas, 441 U.S. at 802 n.13. The burden then shifts to the agency to articulate a legitimate, nondiscriminatory reason for its actions. Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981). To ultimately prevail, a complainant must prove, by a preponderance of the evidence, that the agency’s explanation is a pretext for discrimination. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 143 (2000); St. Mary’s Honor Ctr v. Hicks, 509 U.S. 502, 519 (1993). Failure to Accommodate (Claim 13) An agency is required to make reasonable accommodation to the known physical and mental limitations of an individual with a disability unless the agency can show that accommodation would cause an undue hardship. 29 C.F.R. §§ 1630.2(o) and (p). In order to establish that she was denied a reasonable accommodation, Complainant must show that: (1) she is an individual with a disability as defined by 29 C.F.R. § 1630.2(g); (2) she is “qualified” as defined by 29 C.F.R. § 1630.2(m); and (3) the Agency failed to provide a reasonable accommodation. See EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (Enforcement Guidance on Reasonable Accommodation), No. 915.002 (Oct. 17, 2002).
12 2026000111 The term “qualified,” with respect to an individual with a disability, means that the individual satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position. 29 C.F.R. § 1630.2(m). Once an employer becomes aware of the need for accommodation of an employee’s disability, the employer may engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations. See 29 C.F.R. § 1630.2(o)(3) (2019). An Agency may choose among reasonable accommodations as long as the chosen accommodation is effective, and while the preference of the individual with a disability should be given primary consideration, an Agency has the ultimate discretion to choose between effective accommodations. See Enforcement Guidance, supra, at Q. 9. Here, we find that Complainant is an individual with disability who could perform the essential functions of her position with or without reasonable accommodation. Complainant stated that she had PTSD. While she did not describe any limitations resulting from her disability, Complainant requested reasonable accommodation in the form of a reassignment to a different supervisory chain. See ROI at 1510-1511 and 1960 for Complainant’s May 16, 2022, medical request, stating that Complainant needed a reassignment. The request referenced a transfer into vacant position USGS DEN22-11329663-ST-DEG, GS 13 0408/0486 or an equivalent vacant position that would provide new management where Complainant would not feel unsafe or threatened. Therefore, the Agency was aware of Complainant’s disability. Complainant’s requested accommodation reflects her belief that the only effective accommodation was to be reassigned away from her management team. ROI at 578- 81. However, reassignment is an accommodation of last resort. As such, we concur with the Agency’s observation that Complainant’s requested reassignment is unreasonable as a matter of law. In general, reassignment is the reasonable accommodation of last resort and should be considered only when: (1) there are no effective accommodations that would enable an employee to perform the essential functions of his or her current position; or (2) accommodating the employee in the current position would cause an undue hardship. Charlie O. v. U.S. Postal Serv., EEOC Appeal No. 0120142688 (Dec. 2, 2016), citing 29 C.F.R. Part 1630, App.
13 2026000111 Section 1630.2(n); Enforcement Guidance on Reasonable Accommodation, “Reassignment.” Moreover, the Commission has held that an employer is not required to provide an employee with a new supervisor as a reasonable accommodation. See Major D. v. Off. of Pers. Mgmt., EEOC Appeal No. 2019004952 (Feb. 19, 2020), citing, Famber v. Soc. Sec. Admin., EEOC Appeal No. 0120101703 (Aug. 15, 2012) and Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, EEOC Notice No. 915.002, Question 33 (Oct. 17, 2002). Yet, Complainant herself admitted that she and the project on which she was working were moved from her chain of command, effectively stopping the alleged harassment. Complainant also admitted that she was notified that she would receive a reassignment to the position identified in her reasonable accommodation request, however, her application package did not meet the position requirements; and the Agency was still looking for an accommodation of last resort. We also note that contrary to Complainant’s allegations, it was Complainant who truncated the ongoing interactive process with DPM Director. As such, Complainant has failed to show that the Agency did not accommodate her as alleged. Disparate Treatment Based on Reprisal (Claims 1, 2, 4, 5, 7, 11, 13, 19, 20, and 21) We find that the Agency provided legitimate, non-discriminatory reasons for the challenged actions. Complainant, however, failed to demonstrate, by a preponderance of the evidence, that the stated reasons were pretextual. She also failed to establish a link between those actions and her protected EEO activity. Nor do we find any evidence that management took any action that was motivated by retaliatory animus against Complainant. Regarding Claim 1, Supervisor 1B explained that the duties associated with developing a proposal ranking process had not been assigned to Complainant, but she declared on her own that she was responsible for creating a proposal ranking process. Supervisor 1B, however, decided that the duty at issue would be best performed by all researchers rather than by Complainant herself, so he instructed all researchers to submit proposal ideas. ROI at 1057-59. Complainant did not dispute that assigning duties is the responsibility of the supervisor and that it was up to Supervisor 1B to assign the duty of developing a proposal ranking process.
14 2026000111 Regarding Claim 2, management explained, and Complainant did not dispute, that the task requested required that Complainant restore Coworker 1’s name to the manuscript and send it to Complainant’s colleagues, a minimal task that required no more than ten to fifteen minutes of her time. As such, the evidence does not support a conclusion that Complainant was asked to complete a manuscript over the holiday weekend. As to Claim 3, both Supervisors 1 and 2 explained that Complainant had mischaracterized a simple task that should have been completed within a few minutes. An email from Supervisor 1A, dated February 18, 2022, requested that Complainant restore Coworker 1’s name on a manuscript and to provide each co- author with the most recent draft of the manuscript no later than close of business Tuesday, February 22, 2022. ROI at 226. Complainant herself confirmed that she needed to add a co-author and address co-author comments by close of business on February 22, 2022. She stated that there had never been any rush to complete the manuscript; and that she earned overtime pay for finalizing the manuscript over the weekend. ROI at 141-53. As to Claim 4, Supervisor 1B and Regional Director stated that in compliance with FMLA requirements, it was necessary to temporarily reassign Complainant’s duties and responsibilities for continued work productivity. As to Claim 5, according to Supervisor 1B, there was no request made for Complainant to return her computer on March 10, 2022. Instead, Complainant was informed on March 23, 2022, that she needed to select an option for the USGS furnished computer assigned to her to be backed up by March 28, 2022, prior to Complainant’s detail at the Department of Homeland Security. ROI at 1064-67. Regarding Claim 6, Supervisor 1B confirmed that Complainant reported that Coworker 1 plagiarized Complainant’s work by incorporating Complainant’s ideas into her project proposal. HR Representative, however, stated that an Agency investigation was conducted into Complainant’s plagiarism claim but the investigation found that Coworker 1 had done nothing inappropriate. Regarding Claims 7, 8, and 9, management explained, and Complainant did not dispute, that the inquiry only concerned what happened to the lizards, not who was responsible for the deaths of the lizards.
15 2026000111 Regarding Claim 10, Complainant stated that her former first-level supervisor retired and subsequently, on July 1, 2022, Supervisor 2 told Complainant that Supervisor 1B was her new first-level supervisor. Complainant asserted that she only provided this information for context, it was not an allegation. As such, it was not investigated. ROI at 546. Regarding Claim 11, HR Representative asserted, and the record reflects, that he advised Complainant that she was permitted to use duty time to work on EEO activity so that she would not be required to work on her EEO activity while on leave, although she was free to do so. See ROI at 2321 for a March 23, 2022, email from HR Representative to Complainant stating, “any time you are addressing EEO, harassment, work conditions, it is duty time, so therefore would fall under leave/FMLA.” Complainant did not dispute HR Representative’s explanation or the email. Regarding Claim 19, DPM Director denied stating to Complainant that a research proposal, which Complainant initiated, was reassigned to Coworker 1 by Supervisor 1B. Complainant did not dispute that she and Coworker 1 were working on different proposals that had inevitable similarities due to limitations on the universe relating to the subject matter. Regarding Claims 20 and 21, Regional Director stated that the Letters of Reprimand and Counseling were issued due to Complainant’s conduct. Complainant did not deny her alleged lack of candor with an internal investigator regarding her conduct toward Coworker 1. To the extent that Complainant is alleging harassment, a finding of a hostile work environment is precluded by our determination that Complainant did not establish that the incidents alleged in Claims 1-13, and 18-21 occurred due to discrimination based on her disability or prior protected EEO activity. For example, it was Complainant who had been investigated and disciplined for her conduct toward Coworker 1 in Claim 12. As to Claim 14, HR Representative explained that management did know of Complainant’s prior EEO activity because she was being investigated for her conduct toward Coworker 1. However, Complainant was on detail at the time, and her new work team was not informed that Complainant was under investigation for
16 2026000111 an incident that occurred at Fort Collins (Science Center), not in her new place of work. ROI at 1512. Regarding Claims 15, 16, 17 and 18, DPM Director stated that per a July 8, 2022, realignment order, the Brown Tree Snake project was realigned from FCSC in Colorado to PIERC in Hawaii. Complainant did not dispute that the realignment affected other employees, not just Complainant, and that the goal was to have all the Guam staff stationed in Guam. DPM Director also asserted, and Complainant did not dispute, that she was not required to relocate to Guam, and that realignment has been ongoing. ROI at 1535-36. See also ROI at 1537 for DPM director’s denial that he knew of Complainant’s harassment investigation. HR Representative stated that Complainant misinterpreted his email response in that he was not at liberty to provide confidential information about ER policies regarding harassment allegations. He explained that he emailed Complainant, specifying that there were no harassment allegations against her on July 22, 2022; and that she could discuss her concerns with her leadership ROI at 1513-14. We note Complainant’s repeated statement that management’s actions seemed retaliatory because they occurred during the very time in which her EEO complaint, which was initiated on March 2, 2022, was progressing through the Agency EEO process. ROI at 72-6. The record, however, does not support Complainant’s statements because we find no nexus between Complainant’s protected EEO activity and the challenged management actions. Moreover, contrary to Complainant’s appeal contentions, we do not find that reversal of the FAD findings is warranted because the Agency addressed all of Complainant’s allegations, including any previously dismissed claims. Therefore, we find no evidence that the FAD is legally or procedurally flawed as alleged on appeal. 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.
17 2026000111 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, 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
18 2026000111 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. 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
19 2026000111 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 28, 2026 Date
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