2025002468•EEOC Appeal 2025002468
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Florentino S.,1 Complainant, v. Brooke Rollins, Secretary, Department of Agriculture (Rural Development), Agency. Appeal No. 2025002468 Agency No. RD-2024-00070 DECISION On April 8, 2025, 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 April 4, 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. 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 worked as a Community Program Specialist, GS-1165-12, at the Agency’s Business Operations facility in Newton, Kansas. On February 26, 2024, Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of 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.
2025002468 2 religion (Christianity), disability (vision, heart, and mental), and in reprisal for prior protected EEO activity when: 1. Ongoing since August 30, 2024, management has failed to implement his Assistive Technology (ZoomText Magnifier/Reader) and other Task Management Applications recommended by the Target Center; 2. On an unspecified date in August 2024, his supervisor denied his Reasonable Accommodation (RA) request to type in larger than 14 pt font, work a 4/10 schedule, and to be able to make up requested sick leave instead of using sick leave, without knowing the results of his Assistive Technology Program review from the Target Center; 3. On July 15, 2024, management failed to contact him for a scheduled RA meeting and on the same date sent him an electronic mail denying his RA requested on or about July 9, 2024; 4. On June 13, 2024, his supervisor denied his request for nine hours of overtime to review his EEO report and conduct an EEO interview; 5. On February 12, 2024, his supervisor directed him to provide daily logs of his work activities and thereafter on May 15, 2024, issued him a direct order to complete mandatory AgLearn courses and the daily work activity logs within established timelines; 6. On April 26, 2024, management issued him a Letter of Warning as a result of an Office of Special Counsel investigation; 7. On an unspecified date in March 2024, management reprimanded him; 8. On November 21, 2023, management denied him an opportunity to use the Family and Medical Leave Act (FMLA)2; 9. On November 20, 2023, management issued him a Letter of Reprimand; 10. Since October 10, 2023, management denied his RA request for a 4/10 schedule and ongoing since approximately March 2022 management failed to provide him with an RA during trainings and did not inform him until March 2024 that he could utilize an RA advocate; 11. On approximately September 1, 2023, management denied him the use of a Government Owned Vehicle (GOV); 2 During the investigation Complainant admitted that he was not denied FMLA leave and that he was not discriminated against with respect to this issue. Thus, the Agency dismissed this claim. We find no discrimination for claim 8.
2025002468 3 12. Ongoing since approximately September 1, 2023, management failed to provide him with a copier/printer/scanner while teleworking full- time; 13. Ongoing since approximately March 2022, management failed to provide him with an employee orientation session and requisite job- related trainings; 14. On several dates he was subjected to various incidents of harassment, to include, but not limited to: a. In approximately April or May 2022, he was verbally reprimanded when he broke the window blinds and purchased the replacement himself; b. On or about September 1, 2022, he was told to remove his church related materials from his workspace, and on unspecified dates his church invite cards were removed from the breakroom refrigerator and thrown in the trash and on other occasions the invite cards were stolen off his office desk; c. On or about October 30, 2023, management forced him to remove his belongings from his office and told him if he returned the police would be called; d. In December 2023, he had heart and eye surgery, and no one called to check on him; e. In July 2023, he was accused of stealing the office label marker and thereafter in August 2023 accused of taking/rearranging supplies in the storage room; f. In August 2023, he was verbally reprimanded for raising and lowering the thermostat too much; g. On an unspecified date in 2023 he was verbally reprimanded for parking a GOV in the wrong parking space and on another occasion for leaving an insulin needle tip in a GOV; h. Since his return from FMLA (date unspecified) his supervisor has not met with him to discuss his pre-FMLA cases to update him on the current status; i. Ongoing since an unspecified date management failed to provide him with copies of requested policies regarding FMLA, policies or regulations disallowing him to put church invite cards on the office building refrigerator and
2025002468 4 the Newton Office Point of Contact (POC) policy and instead, directed him to file a FOIA request regarding the POC policy and as recently as February 2024, failed to provide him the regulation requiring him to submit daily logs; j. On an unspecified date, the Newton Office POC called a former USDA employee to dig-up dirt on him; k. Between March 2022 and March 2024, management failed to inform him he could make-up sick leave time within the week; and l. On May 22, 2024, his supervisor threatened him with disciplinary action for not using proper email etiquette, language, and font size no larger than 14. 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 (AJ). 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 decision concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. The instant appeal followed. Regarding his denial of reasonable accommodation claims (Claims 1, 2, 3, and 10), we find that Complainant failed to present evidence to prove that the Agency failed to provide him with a reasonable accommodation. Here, the record shows that in August 2022 and September 2023, Complainant requested to be allowed to work a compressed schedule of four 10-hour days per week (4/10 schedule). In response to this request, on October 16, 2023, the Agency granted him a compressed 5/4/93 schedule. On October 25, 2023, Complainant, through email communication, stated that a 4/10 schedule “would allow [him] to better meet [his] disability needs and schedule medical, doctor, and mental health visits.” Complainant was instructed to submit a reasonable accommodation request, which he did in June 2024. The Agency had granted Complainant full-time telework since September 19, 2023, after he was not allowed in the building due to security concerns raised by the Federal agency that shared office space with RD (Rural Development). 3 A 5/4/9 schedule is a compressed work schedule where employees work a total of 80 hours over a two-week period, eight 9-hour days and one 8-hour day.
2025002468 5 The record shows that on June 13, 2024, Complainant requested authorization to make up sick leave by working extra hours. This request was accompanied by medical documentation. However, the medical documentation stated that Complainant would not be able to perform essential work duties even with the requested accommodations. Complainant was invited to a Teams meeting on July 15, 2024, to discuss his request. However, Complainant did not attend the meeting. On the same date the Agency notified Complainant, via email, that his request was denied. Complainant then requested the meeting be rescheduled and the parties met on July 19, 2024, at which Complainant inquired about reassignment as an accommodation of last resort. On July 23, 2024, Complainant requested an assistive technology evaluation to explore solutions for his visual limitations. On August 2, 2024, Complainant applied for reassignment. While the Agency was processing the reassignment, on August 10, 2024, Complainant applied for disability retirement. The record shows that on August 30, 2024, the USDA’s Target Center recommended Zoom Text Magnifier/Reader software. The Agency procured the recommended software, but the software did not arrive before Complainant’s disability retirement. The record also shows, and Complainant admitted, that the Agency also provided Complainant larger computer screens to accommodate his visual disability. In addition, the Agency granted Complainant FMLA leave and offered him flexibility for his medical appointments. With regard to reasonable accommodation during training that took place in Wisconsin, the record shows that Complainant requested the training in question and traveled from Kansas to Wisconsin to attend the training. During the training, Complainant contacted Supervisor 1 and told him that even sitting in the front row he could not see the training presentation. Supervisor 1, who was not attending the training and remained in his work office, told Complainant to just listen. The record does not show, and Complainant did not offer evidence to the contrary, that Complainant discussed accommodation before leaving for the training or contacted the training staff before and/or during the training, to be accommodated and what accommodation would work. Based on the above-described actions taken by the Agency with respect to reasonable accommodation, we find that Complainant was not denied reasonable accommodations as alleged. Regarding discrimination on the basis of religion and in retaliation because of opposition to religious discrimination (Claim 14(b)), the Agency stated that Federal regulations limit the posting and distribution of materials in federal properties.
2025002468 6 Because Complainant did not follow the regulatory procedures to post materials in federal property, the materials were removed by Farmers Service Administration (FSA), which at that time was the principal lessee of the property and shared office space with RD. FSA is also part of the Agency in this appeal, Department of Agriculture. The incident was reported to RD, and Complainant was advised that he needed to follow the established protocol to post an announcement in the building (including the breakroom). Complainant did not identify individuals, or other posted material that were treated more favorably with respect to the policy on posting in Federal property. Furthermore, Complainant did not identify any individual/material that was allowed to be posted without following the protocol for posting. Regarding Claim 4, the record shows that Complainant requested nine hours of overtime to review an EEO report and participate in an interview. Complainant’s second-line supervisor denied the request because overtime was not justified under Agency’s policies. However, Complainant was authorized to review the EEO report and participate in the interview during regular work hours. Complainant argues that he requested overtime because, at the time, he was on FMLA leave and according to him could not perform work while on leave. We find that the record shows that Complainant was allowed reasonable time to review his EEO report and participate in the interview related to his EEO complaint. Regarding Claim 7, Complainant alleges that he was reprimanded in March 2024. The Agency stated Complainant was not reprimanded in March 2024, and the record reveals no reprimand in March 2024. Regarding Claim 11, the Agency explained that Complainant was not allowed on the premises due to multiple complaints filed against him from different departments within the office building. Thus, he could not access the GOV, but was allowed to use his private vehicle. Regarding Claim 12, the Agency explained that Complainant requested equipment at the end of the fiscal year, when the Agency had no money left in its budget. On October 2, 2023, Complainant was informed that a printer would be purchased as soon as they had budgetary allowance. Additionally, the Agency stated that other employees who telework as Complainant did not have printers. Regarding Claim 13, Agency stated that Complainant attended two orientations when he began working at the Agency in March 2022.
2025002468 7 Complainant could not obtain a government credit card due to his personal finance. This posed a difficulty for Complainant to attend training for which he had to travel. However, Complainant was advised that he could travel for training but would have to pay in advance for expenses and request reimbursement. We find that Complainant failed to identify similarly situated employees outside his protected classes that were treated more favorably than him under similar circumstances. For example, Complainant failed to identify similarly situated employees outside his protected classes that were allowed to travel for training despite not having a government credit card or who were not reprimanded after using epithets when referring to their supervisor in office communications (Claims 9 and 14 (l)), or failed to timely complete their mandatory training (Claim 5), or violated the Hatch Act (Claim 6), or were granted overtime while on FMLA leave (Claim 4). Moreover, Complainant failed to identify similarly situated individuals who were treated more favorably regarding conduct issues, including violence threats and aggressive behavior at issue in Claims 14 (c) and 14(j). As for Complainant’s allegation of harassment, even if the incidents alleged occurred in the manner described, we find that Complainant failed to persuasively show that his protected bases were the reason for the Agency’s alleged actions. We note that anti-discrimination statutes are not civility codes designed to protect against the “ordinary tribulations” of the workplace. Rather, they forbid “only behavior so objectively offensive as to alter the conditions of the victim’s employment.” Oncale v. Sundowner Offshore Service, Inc., 23 U.S. 75 (1998). 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.
2025002468 8 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 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.
2025002468 9 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 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 __________ Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 30, 2026 Date
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