2025002653•EEOC Appeal 2025002653
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Nenita S.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency. Appeal No. 2025002653 Hearing No. 510-2023-00208X Agency No. 200I-673A-2022-14653 DECISION On May 4, 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 order 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 VACATES the Agency’s final order. 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.
2025002653 2 ISSUES PRESENTED Whether the EEOC Administrative Judge properly issued a decision by summary judgment finding that Complainant was not subjected to unlawful discrimination as alleged. BACKGROUND Complainant worked as a Registered Nurse at the Agency’s James A. Haley Veterans Hospital in Tampa, Florida. Previously, in 2021, Complainant filed an EEO complaint (Agency No. 200I-0673-2021105197) alleging that the Agency subjected her to discrimination and a hostile work environment on the bases of sex, disability, and reprisal when, among other things, Complainant’s first-level Supervisor charged Complainant Absent without Official Leave (AWOL) multiple times between March 2021 and July 2021 and initiated two fact-finding investigations against Complainant. Complainant initially requested a hearing but later withdrew her request and on January 24, 2023, the Agency issued a final Agency decision finding that Complainant did not establish that she was subjected to discrimination. Complainant appealed the Agency’s final decision to the Commission. Complainant filed the instant EEO complaint on July 23, 2022, alleging that the Agency discriminated against her on the bases of disability (depression, anxiety, insomnia) and reprisal for prior protected EEO activity under Section 501 of the Rehabilitation Act of 1973 when: 1. she was subjected to an over-a-year wait for the results of a fact- finding investigation; 2. she was issued a Letter of Reprimand on April 27, 2022; 3. she was charged AWOL from May 12, 2022-June 3, 2022; and 4. her requests for telework were denied on May 19, 2022, and July 13, 2022. At the conclusion of the investigation into the instant complaint, Complainant was provided a copy of the investigative file and requested a hearing before an EEOC Administrative Judge (AJ). While Complainant’s appeal of the Agency’s final decision in her previous complaint was still pending, the Agency filed a motion for a decision without a hearing in the instant case on October 17, 2023.
2025002653 3 The Commission issued its decision on Complainant’s previous complaint on July 31, 2024, finding that while Complainant did not establish that she was subjected to discrimination, Complainant’s claims challenging her being marked AWOL multiple times should be analyzed as a denial of reasonable accommodation claim. See Lee R. v. Dep’t of Veterans Affs., EEOC Appeal No. 2023002068 (July 31, 2024) (request for recon. denied, EEOC Appeal No. 2024004765 (April 9, 2025)). The Commission found that Complainant informed her Supervisor numerous times that she was not able to come in to work because she was not feeling well; that she specifically informed her Supervisor as early as October 2020 about her insomnia; and, that she mentioned to the Supervisor in March 2021, that she needed to take time off to care for her mental health. The Commission found that the Agency had a duty to engage in the interactive process and grant Complainant accommodation. The Commission concluded that the Agency violated the Rehabilitation Act every time it denied Complainant’s requests for unscheduled leave or Leave Without Pay from March 10, 2021, through July 22, 2021, and ordered the Agency to correct Complainant’s time and attendance records to expunge Complainant’s AWOL charges from March 10, 2021, through July 22, 2021, whenever the Agency found that the absences were due to Complainant’s disability. See id. On April 2, 2025, the AJ issued a decision without a hearing on the instant complaint finding no discrimination. The AJ concluded that the Agency articulated legitimate, nondiscriminatory reasons for its actions and Complainant did not establish that the Agency’s reasons were a pretext for discrimination and that the incidents were not sufficiently severe or pervasive to constitute a hostile work environment. The Agency’s final action implemented the AJ’s decision. Complainant appealed. CONTENTIONS ON APPEAL On appeal, Complainant argues, among other things, that the Letter of Reprimand should be found to be discriminatory because it was issued in part because of her being marked AWOL, which the Commission previously found to be a violation of the Rehabilitation Act, and reiterates the Commission’s previous finding that the Agency denied her a reasonable accommodation when it marked her as AWOL in 2021.
2025002653 4 The Agency did not file a brief in response. STANDARD OF REVIEW In rendering this appellate decision, we must scrutinize the AJ’s legal and factual conclusions, and the Agency’s final order adopting them, de novo. See 29 C.F.R. § 1614.405(a) (stating that a “decision on an appeal from an Agency’s final action shall be based on a de novo review . . .”); see also Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9, § VI.B. (Aug. 5, 2015) (providing that an administrative judge’s determination to issue a decision without a hearing, and the decision itself, will both be reviewed de novo). This essentially means that we should look at this case with fresh eyes. In other words, we are free to accept (if accurate) or reject (if erroneous) the AJ’s, and Agency’s, factual conclusions and legal analysis – including on the ultimate fact of whether intentional discrimination occurred, and on the legal issue of whether any federal employment discrimination statute was violated. See id. at Chapter 9, § VI.A. (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”). ANALYSIS We must determine whether it was appropriate for the AJ to have issued a decision without a hearing on this record. The Commission's regulations allow an AJ to issue a decision without a hearing when he or she finds that there is no genuine issue of material fact. 29 C.F.R. § 1614.109(g). This regulation is patterned after the summary judgment procedure set forth in Rule 56 of the Federal Rules of Civil Procedure. The U.S. Supreme Court has held that summary judgment is appropriate where a court determines that, given the substantive legal and evidentiary standards that apply to the case, there exists no genuine issue of material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). In ruling on a motion for summary judgment, a court’s function is not to weigh the evidence but rather to determine whether there are genuine issues for trial. Id. at 249.
2025002653 5 The evidence of the non-moving party must be believed at the summary judgment stage, and all justifiable inferences must be drawn in the non-moving party’s favor. Id. at 255. An issue of fact is “genuine” if the evidence is such that a reasonable fact finder could find in favor of the non-moving party. Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Oliver v. Digital Equip. Corp., 846 F.2d 103, 105 (1st Cir. 1988). A fact is “material” if it has the potential to affect the outcome of the case. If a case can only be resolved by weighing conflicting evidence, issuing a decision without holding a hearing is not appropriate. In the context of an administrative proceeding, an AJ may properly consider issuing a decision without holding a hearing only upon a determination that the record has been adequately developed for summary disposition. See Petty v. Dep’t of Def., EEOC Appeal No. 01A24206 (July 11, 2003). Finally, an AJ should not rule in favor of one party without holding a hearing unless he or she ensures that the party opposing the ruling is given (1) ample notice of the proposal to issue a decision without a hearing, (2) a comprehensive statement of the allegedly undisputed material facts, (3) the opportunity to respond to such a statement, and (4) the chance to engage in discovery before responding, if necessary. According to the Supreme Court, Rule 56 itself precludes summary judgment “where the [party opposing summary judgment] has not had the opportunity to discover information that is essential to his opposition.” Anderson, 477 U.S. at 250. In the hearing context, this means that the administrative judge must enable the parties to engage in the amount of discovery necessary to properly respond to any motion for a decision without a hearing. Cf. 29 C.F.R. § 1614.109(g)(2) (suggesting that an AJ could order discovery, if necessary, after receiving an opposition to a motion for a decision without a hearing). In this case, we find that the Commission’s previous decision involving Complainant’s previous complaint constituted a change in material fact that the AJ needed to be aware of in order to make a reasoned decision. However, because neither of the parties informed the AJ of the Commission’s previous decision while the Agency’s motion for summary judgment was pending before her, the AJ issued her decision without a full knowledge of the facts. We emphasize that the claims in Complainant’s previous complaint in Lee R. v. Dep’t of Veterans Affs., EEOC Appeal No. 2023002068 (July 31, 2024) are inextricably related to the claims in the instant complaint as the precursor to those events, such that the fact-finding investigations the Supervisor initiated against Complainant that were raised in
2025002653 6 Complainant’s previous complaint resulted in the Letter of Reprimand that was at issue in the instant complaint. Under the circumstances, we find that any decision on the merits of Complainant’s complaint would be premature because the AJ was not given an opportunity to address Complainant’s AWOL charges at issue in the instant complaint as part of the earlier denial of reasonable accommodation claim. We therefore find that the AJ’s decision without a hearing must be VACATED and the case REMANDED back to the AJ for full consideration on the merits. CONCLUSION Therefore, after careful review of the record, including Complainant’s arguments on appeal and arguments and evidence not specifically discussed in this decision, the Commission VACATES the Agency’s final action and REMANDS the matter to the Agency in accordance with this decision and the Order below. ORDER The Agency is directed to submit a copy of the complaint file in the instant complaint and the full complaint file in Complainant’s previous complaint (Agency No. 200I-0673-2021105197) to the EEOC Hearings Unit within fifteen (15) calendar days of the date this decision becomes final. The Agency shall provide written notification to the Compliance Officer at the address set forth below that the complaint file has been transmitted to the Hearings Unit. Thereafter, the Administrative Judge shall issue a decision on the complaint in accordance with 29 C.F.R. § 1614.109 and the Agency shall issue a final action in accordance with 29 C.F.R. § 1614.110. IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719) Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. § 1614.403(g).
2025002653 7 The Agency’s final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative. If the Agency does not comply with the Commission’s order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. Failure by an agency to either file a compliance report or implement any of the orders set forth in this decision, without good cause shown, may result in the referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency. 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.
2025002653 8 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 (R0124) This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission.
2025002653 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. 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 __________ Gul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 30, 2026 Date
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.