EEOC Appeal 2025003210

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Mikki P.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2025003210
Agency No. 20DR-0020-2024-158251
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
June 9, 2025, final decision concerning her equal employment opportunity (EEO)
complaint 	of 	employment 	discrimination 	in 	violation 	of 	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 Program Analyst, GS-0343-13 at the Agency’s Office of Program
Integrity and Internal Controls in Washington, D.C. 	On June 3, 2024, Complainant
filed an EEO complaint alleging that the Agency subjected her discrimination and a
hostile work environment on the basis of disability (physical) 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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1. On April 12, 2024, Director, Office of Program Integrity and Internal
Controls (Director) asked Complainant questions about her health which
intimidated Complainant;
2. On May 23, 2024, during a Teams call the Director asked Complainant
about her health; and
3. On May 30, 2024, the Director accessed Complainant’s personnel records
to send flowers to Complainant’s home.
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). In the decision, the Agency concluded that Complainant did not
prove that she was subjected to discrimination as alleged. 	Complainant then filed
the instant appeal.
We find that the alleged incidents, even assuming they occurred as described by
Complainant, were insufficiently severe or pervasive to establish a discriminatory
hostile work environment. Moreover, even if the incidents were sufficiently severe
or pervasive to establish a hostile work environment, the record reveals that
Complainant failed to establish that the Director mentioned her health and sent
flowers based on discriminatory animus. Rather, the record shows that the Director
acknowledged that he asked Complainant about her health but explained that he did
so because she had been sick for a while and he wanted to wish her well in her
recovery. 	As for the flowers, he stated that he sent the flowers to acknowledge
Complainant’s 	retirement. 	While 	the 	Director’s 	conduct 	may 	have 	been
inappropriate, generally, “simple teasing, offhand comments, and isolated incidents
(unless extremely serious) will not amount to discriminatory changes in the terms or
conditions of employment.”
Finally, we find that there is no evidence demonstrating that the Director violated
the Rehabilitation Act’s restrictions on disability-related inquiries or improperly
accessed Complainant’s confidential medical records.

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CONCLUSION
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.
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.

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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. You
must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission.

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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 __________ 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 30, 2026
Date