2025003551•EEOC Appeal 2025003551
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Jarvis M.,1 Complainant, v. Todd Blanche, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency. Appeal No. 2025003551 Hearing No. 450-2023-00370X Agency No. BOP-2023-00214 DECISION On July 14, 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 June 23, 2025, final order concerning his 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. For the following reasons, the Commission AFFIRMS the Agency’s final order. At the time of events giving rise to this complaint, Complainant worked as a GS- 0101-11 Drug Treatment Specialist (DTS) at the Agency’s Federal Medical Center (FMC) Carswell facility in Fort Worth, Texas. 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.
2025003551 2 On March 21, 2023, Complainant filed a formal complaint, which he subsequently amended, alleging that the Agency discriminated against him on the bases of race (Caucasian/White), sex (male), and reprisal for prior protected EEO activity when: 1. On November 17, 2022, he was accused of creating a hostile work environment for providing EEO representation to another staff member. 2. On December 8, 2022, he was placed under investigation for not wearing a face mask. 3. On December 19, 2022, he was denied EEO compensatory time. 4. On January 18, 2023, the Warden shared information about his EEO activity. 5. The Human Resources Manager implied he was having a sexual relationship with a staff member. 6. On January 21, 2023, the South Central Regional Director failed to provide prompt remedial action to stop staff at FMC Carswell from disclosing his EEO and medical information to a third party. 7. On January 30, 2023, the South Central Regional Director notified the Warden that Complainant had reported him for alleged staff misconduct as well as EEO violations and then assigned the Warden to investigate Complainant’s claims against himself. 8. On January 31, 2023, he was notified of potential EEO investigations. 9. On March 6, 2023, a temporary supervisor was assigned who was identified in Complainant’s prior EEO complaint. 10. On March 10, 2023, he was sent a cease-and-desist letter. 11. In March-April 2023, he was given an order to remain standing during meetings and reprimanded in front of inmates. 12. In March-April 2023, his supervisor refused to approve his leave. 13. In March-April 2023, he was accused of leaving the institution without notifying his supervisor. 14. In March-April 2023, he was given extra work assignments. 15. In March-April 2023, he was ordered to provide his medical information in the presence of inmates. 16. In March-April 2023, his emails and requests for relief to the Warden were ignored. 17. In March-April 2023, his supervisor refused to approve his clinical notes.
2025003551 3 18. On May 2, 2023, his evaluation was lowered from outstanding to exceeds. 19. On June 1, 2023, he was denied a union representative witness. 20. On June 7, 2023, a member of the Human Resources Office was assigned as a chairperson of anti-harassment meetings. 21. On June 8, 2023, he was assigned to the computer lab; a threat assessment meeting was conducted with panel members named as “aggressors” in Complainant’s EEO complaint; he was not allowed to work compensatory time or overtime; and he was notified he was not allowed inside the institution. 22. On June 24, 2023, his compressed work schedule, work hours, and duty location were changed. 23. On April 21, 2023, he was denied the opportunity to obtain supervision hours for an independent health license. 24. On June 30, 2023, he was not paid overtime and not assigned to another job while under investigation. 25. On July 14, 2023, he was assigned a quota of phone calls and emails and denied the opportunity to move freely around the psychology area. Complainant emailed the Regional Director, alleging that the Warden had disclosed his EEO activity and medical information to a coworker and raising issues related to official time requests and an EEO bulletin board. The Regional Director delegated these allegations to management officials for review and action. The Regional Director copied the Warden on an email delegating these allegations. Beginning in March 2023, the Acting Chief of Psychology became Complainant’s temporary supervisor. Complainant averred that he had identified the Acting Chief as an alleged harasser in a prior EEO complaint. The Acting Chief told Complainant that it was not appropriate for him to sit during community meetings. Complainant alleged that the Acting Chief gave him additional assignments and refused to sign off on his clinical notes. On May 12, 2023, the Chief of Psychology emailed the department, stating that she would approve any pending notes. On April 28, 2023, the Chief of Psychology issued Complainant an Excellent rating for the period from November 9, 2022, to March 31, 2023. On December 22, 2022, the Chief of Psychology sent an email detailing best practices for writing screening summaries, including five elements that needed to be present.
2025003551 4 Under the job element of performs professional duties, the Chief of Psychology rated Complainant Successful, identifying areas of growth to ensure completion of documentation for treatment team and to individualize treatment plans. The Chief of Psychology rated Complainant as Excellent or Outstanding for the remaining elements. In June 2023, Complainant was assigned to monitor phone calls and emails in the computer lab pending an investigation. During this period, he was not permitted to work overtime or earn compensatory time, and he was also removed from his compressed work schedule. Complainant stated that he was assigned a daily quota of calls and emails to monitor. 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). Complainant timely requested a hearing before an AJ. The Agency submitted a motion for a decision without a hearing, which Complainant opposed. The AJ granted the Agency’s motion and issued a decision by summary judgment in favor of the Agency, finding no discrimination. The Agency subsequently issued a final order fully implementing the AJ’s finding that Complainant failed to prove that the Agency subjected him to discrimination as alleged. The instant appeal followed. On appeal, Complainant argues that the AJ erred in denying his motion for sanctions against the Agency for failing to timely complete the investigation. Complainant also contends that the AJ erred in denying his motion to compel discovery. According to Complainant, the AJ improperly dismissed his motion to amend for alleging claims involving internal union business. Complainant asserts that he identified genuine issues of material fact. The Agency argues, in pertinent part, that its final order should be affirmed. As this is an appeal from a decision issued without a hearing, 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 Chap. 9, § VI.A. (Aug. 5, 2015) (explaining that the de
2025003551 5 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”); see also 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). Complainant argues on appeal that the AJ erred in denying his motion for sanctions and motions to compel. Administrative Judges have full responsibility for the adjudication of the complaint, including overseeing the development of the record, and have broad discretion in the conduct of hearings. 29 C.F.R. § 1614.109(a), (e). This gives an AJ wide latitude in directing the terms, conduct, or course of EEO administrative hearings. EEO MD-110 at Chapter 7, § III.D; Chere S. v. Gen. Serv. Admin., EEOC Appeal No. 0720180012 (Nov. 30, 2018) (citations omitted). Accordingly, such determinations by the AJ are reviewed based on an abuse of discretion standard. In his motion for sanctions, Complainant argued that the Agency failed to timely complete its investigation. Pursuant to 29 C.F.R. § 1614.108(f), agencies are required to complete investigations within the earlier of 180 days after the filing of the last amendment or 360 days after the filing of the original complaint. According to the record, Complainant filed his EEO complaint on March 21, 2023, and he most recently amended his complaint on July 26, 2023. The Agency issued a copy of the report of investigation to Complainant on January 22, 2024, which was 180 days from the most recent amendment. As the Agency timely completed its investigation, it was not an abuse of discretion to deny the motion for sanctions. Complainant filed a motion to compel the Agency to respond to his requests for written discovery. The AJ denied this motion, finding that Complainant failed to demonstrate good faith efforts to resolve the matter prior to filing a motion and that the Agency’s objections were well founded. On September 12, 2024, Complainant noticed a deposition pursuant to Fed. R. Civ. P. 30(b)(6) regarding eight areas of inquiry for September 18, 2024.
2025003551 6 The AJ denied Complainant’s motion to compel regarding this manner, finding that Complainant had not explained why a Rule 30(b)(6) deposition was needed and that the request, made shortly before the close of discovery and with limited time for the Agency to identify a deponent to testify about a wide range of topics, was unreasonable. We find that it was not an abuse of discretion for the AJ to deny Complainant’s motions to compel. Complainant filed a motion to amend his complaint to reinstate a claim dismissed as a collateral attack on union matters and include other retaliatory actions and harassment by Agency employees who were union members. The AJ denied Complainant’s motion, determining that Complainant’s allegations concerned union activity and actions taken by union officials. The Commission has no jurisdiction over claims related to the terms of a collective bargaining agreement, enforcing the terms of a collective bargaining agreement, or relations with union representatives. See Herb P. v. Dep’t of the Treasury, EEOC Appeal No. 2020000916 (July 15, 2021); Lawrence L. v. U.S. Postal Serv., EEOC Appeal No. 0120160893 (Apr. 26, 2016); McDonald v. U.S. Postal Serv., EEOC Appeal No. 01A60555 (May 19, 2006). Accordingly, we find that the AJ properly denied Complainant’s motion to amend. The Commission’s regulations allow an AJ to grant summary judgment when they find that there is no genuine issue of material fact. 29 C.F.R. § 1614.109(g). 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); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49 (1986). A fact is “material” if it has the potential to affect the outcome of the case. Id. When considering summary judgment, facts and inferences must be viewed in the light most favorable to the non-moving party. See Ricci v. DeStefano, 557 U.S. 557, 586 (2009). To successfully oppose a decision by summary judgment, a complainant must identify, with specificity, facts in dispute either within the record or by producing further supporting evidence and must further establish that such facts are material under applicable law. 29 C.F.R. § 1614.109(g)(2); Celotex, 477 U.S. at 322-24; see also EEO MD-110, at Chap. 7, § III.E. Such a dispute would indicate that a hearing is necessary to produce evidence to support a finding that the Agency was motivated by discriminatory animus. Here, however, Complainant has failed to establish such a dispute.
2025003551 7 Complainant cannot establish that he was subjected to an adverse action or harassment based on his race, sex, and/or engagement in prior protected EEO activity. Complainant’s speculation, conclusory assertions, and disagreement with the Agency’s explanations are insufficient to establish that the Agency’s actions were motivated by discriminatory and/or retaliatory motives. Complainant has not identified a genuine issue of material fact that could lead a reasonable finder of fact to conclude that the Agency disclosed his protected EEO activity or medical information. Having thoroughly reviewed the record, and construing any inferences raised by the undisputed facts in favor of Complainant, we find that a reasonable factfinder could not find in Complainant’s favor. Upon careful review of the AJ’s decision and the evidence of record, as well as the parties’ arguments on appeal, including those not specifically addressed herein, we conclude that the AJ correctly determined that the preponderance of the evidence did not establish that Complainant was discriminated against by the Agency as alleged. Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s 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. 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.
2025003551 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 (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.
2025003551 9 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 Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 14, 2026 Date
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