EEOC Appeal 2020000163

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Lorriane L.,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2020000163
Hearing No. 530-2017-00133X
Agency No. 200H-0646-2016103080
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 August 23, 2019, 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 the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. § 621 et seq.
At the time of events giving rise to this complaint, Complainant worked as a Lead Medical
Technician (GS-10) at the Agency’s Medical Center in Pittsburgh, Pennsylvania.
On May 19, 2016, Complainant filed an EEO complaint alleging that the Agency discriminated
against her on the bases of sex (female), age (53), and in reprisal for protected EEO activity when:
1. 	on March 22, 2016, she was not selected for a position as a Medical Technologist
(Quality Assurance Coordinator) (GS-11), announced under vacancy number HP-
646-16-AA-1575069-BU;
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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2. 	on April 11, 2016, she was not selected for a position as a Supervisory Medical
Technologist 	(GS-11), 	announced 	under 	vacancy 	number 	HP-646-16-AA-
1616065; and
3. 	on September 20, 2016, she was not selected for a position as a Medical
Technologist (Quality Management/Quality Assurance) (GS-11), announced under
vacancy number HP-646-16-AA-1772933-BU.
On October 7, 2016, the Agency amended Complainant’s complaint to include claim 3. The
Agency also dismissed Complainant’s claim that she was discriminated against when her
supervisor stated that she wanted to detail Complainant to a supervisory position, for failure to
state a claim.
After its investigation into the complaint, the Agency provided Complainant with a copy of the
report of investigation and notice of right to request a hearing before an EEOC Administrative
Judge (AJ). Complainant requested a hearing. The AJ held a hearing and subsequently issued a
decision in favor of the Agency. The Agency issued its final order adopting the AJ’s conclusion
that Complainant failed to prove discrimination as alleged.
The instant appeal followed. Complainant did not provide any arguments on appeal. We note that
the Commission has the discretion to review only those issues specifically raised in an appeal. See
EEO Management Directive 110 for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9, § IV.A.3
(Aug. 5, 2015). Here, Complainant did not contest the Agency’s procedural dismissal of her claim
that she was discriminated against when her supervisor stated that she wanted to detail
Complainant to a supervisory position. As such, we will not address it in the instant decision.
The Agency did not respond to Complainant’s appeal.
Pursuant to 29 C.F.R. § 1614.405(a), all post-hearing factual findings by an AJ will be upheld if
supported by substantial evidence in the record. Substantial evidence is defined as “such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion.” 	Universal
Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 477 (1951) (citation omitted). A
finding regarding whether or not discriminatory intent existed is a factual finding. See Pullman-
Standard Co. v. Swint, 456 U.S. 273, 293 (1982). An AJ's conclusions of law are subject to a de
novo standard of review, whether or not a hearing was held.
An AJ’s credibility determination based on the demeanor of a witness or on the tone of voice of a
witness will be accepted unless documents or other objective evidence so contradicts the
testimony, or the testimony so lacks in credibility that a reasonable fact finder would not credit it.
See EEO MD-110, at Chap. 9, § VI.B.
Upon careful review of the AJ’s decision and the evidence of record, we conclude that substantial
evidence 	of 	record 	supports 	the 	AJ’s 	determination 	that 	Complainant 	has 	not 	proven
discrimination by the Agency as alleged.

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Accordingly, we AFFIRM the Agency’s final order adopting the AJ’s decision.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or
the Agency submits a written request containing arguments or evidence which 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 to reconsider, with supporting statement or brief, must be filed with the Office of Federal
Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
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). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. 	Complainant’s request may be
submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131
M Street, NE, Washington, DC 20507. 	In the absence of a legible postmark, the request to
reconsider shall be deemed timely filed if it is received by mail within five days of the expiration
of the applicable filing period. See 29 C.F.R. § 1614.604. The agency’s request must be submitted
in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). 	See 29 C.F.R. §
1614.403(g). The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as
untimely, unless extenuating circumstances prevented the timely filing of the request. 	Any
supporting documentation must be submitted with your 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(c).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
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 his or her 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

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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:
______________________________ 	Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations
September 11,2020
Date