EEOC Appeal 2026000264

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Miriam B.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2026000264
Agency No. 200H-528A7-2025-165169
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission) from the Agency's final decision dated September 11,
2025, 	dismissing 	her 	complaint 	of 	unlawful 	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 reasons set forth herein we MODIFY the
Agency’s final decision.
During the period at issue, Complainant worked 	for the Agency as a Supervisory
Medical Records Technician in Syracuse, New York. 	On August 12, 2025,
Complainant filed a formal complaint alleging that the Agency subjected her to
discrimination.
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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In a final decision dated September 11, 2025, the Agency dismissed Complainant’s
complaint for failure to state a claim. 	Final Agency Decision (FAD) at 1-2. 	The
Agency reasoned that Complainant set forth that the basis of her complaint was
reprisal. 	However, the Agency found that Complainant was alleging reprisal for
non-EEO activity. Id. Specifically, the Agency determined that “[t]he Counselor’s
Report indicates that [Complainant] was asked why she felt she was discriminated
against 	and 	subjected 	to 	a 	hostile 	work 	environment 	based 	on 	reprisal.
[Complainant] explained that she was subjected to reprisal because [a named
Agency Official] did not like Complainant’s need for help; however, she did not
indicate that the treatment was because she engaged in protected activity…” FAD
at 1.
The instant appeal followed. On appeal, Complainant is requesting we reverse the
Agency’s final decision dismissing her complaint. 	Complainant asserts that the
investigation 	should 	consider 	evidence 	of 	“race-based 	disparate 	treatment,
FMLA/medical-related discrimination, and retaliation.” 	Complainant’s Statement
on Appeal. 	Finally, Complainant states that due to the Agency’s actions she was
forced to resign, which constitutes constructive discharge. Id.
The Agency’s decision to dismiss a complaint is subject to de novo review by the
Commission, which requires the Commission to examine the record without regard
to the factual and legal determinations of the previous decision maker and issue its
decision 	based 	on 	the Commission’s 	own 	assessment 	of the record 	and 	its
interpretation of the law. 	29 C.F.R. § 1614.405(a). The Commission should
construe the complaint in the light most favorable to the complainant and take the
complaint’s allegations as true. 	See Cobb v. Department of the Treasury, EEOC
Request No. 05970077 (March 13, 1997). Thus, all reasonable inferences that may
be 	drawn 	from 	the 	complaint’s 	allegations 	must 	be 	made 	in 	favor 	of 	the
complainant.
As an initial matter, the record reflects that Complainant is alleging that she was
subjected 	to 	a 	hostile 	work 	environment 	comprised 	of 	numerous 	incidents
including, but not limited to the following matters: various disciplinary actions,
improper coding of her time and attendance, and not being provided an effective
reasonable accommodation.2 Complaint File Volume (Vol.) I at 105-110, 119-127,
2 The Agency’s final decision does not expressly set forth the various alleged
incidents comprising Complainant’s hostile work environment claim. FAD at 1-2.

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Complaint File Vol. III at 4-12.
We acknowledge that the EEO Counselor’s Report lists reprisal as the basis of
Complainant’s complaint and sets forth “non EEO activity.” Complaint File Vol. I
at 120-125. 	In addition, the EEO Counselor’s Report provides Complainant
“believes [a named Agency official] is discriminating against her based on reprisal
because [Complainant] believes [the Agency official] didn’t like [Complainant’s]
need for help.” 	Complaint File Vol. I at 125. 	To the extent that Complainant is
alleging this reason as a basis for reprisal, we concur with the Agency that this
matter fails to state a claim because this does not constitute protected EEO activity
(i.e. participation in the EEO process or opposition to discrimination under the
laws enforced by the EEOC).
However, a fair reading of the record reflects that Complainant is also alleging that
she was subjected to a hostile work environment based on disability and in reprisal
for requesting a reasonable accommodation. 	Thus, we find that the Agency
improperly dismissed this portion of Complainant’s complaint. 	Complainant
submitted a document dated June 16, 2025, during informal EEO counseling.
Complaint File Vol. III at 4-12. 	Therein, Complainant sets forth various alleged
Agency actions comprising her hostile work environment claim. Id. Complainant
also sets forth in pertinent part, that the entire chain of events occurred while under
medical restrictions. 	Complaint File Vol. I at 9. 	Specifically, Complainant states
that she had three surgeries within a short period of time which impacted her
“cognitive clarity” and resulted in postoperative cognitive dysfunction. Id.
In an attachment to her formal complaint form,3 Complainant raises the basis of
disability and reprisal for requesting a reasonable accommodation.4 Complaint
File Vol. I at 105-110. 	Complainant asserts that, upon her return from medical
leave, 	she 	was 	subjected 	to 	heightened 	scrutiny 	and 	harsher 	discipline.
Complainant expressly asserts that she has been subjected to retaliation under the
3 We acknowledge that the sole basis listed on the formal complaint form is
reprisal. Complaint File Vol. I at 117.
4 Complainant, in support of her EEO complaint, submits documentation pertaining
to her request for a reasonable accommodation.

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“Rehabilitation Act.”5 Complaint File Vol. I at 108. 	Finally, Complainant also
asserts that there are deficiencies in the reasonable accommodation provided to her
by the Agency . Complaint File Vol. I at 108-109. Specifically, Complainant sets
forth “[t]he lack of tailored guidance…and prior discipline “reflects a constructive
denial of accommodation” and “potentially [violates] the Rehabilitation Act and
federal anti-retaliation protections.” 	Complaint File Vol. I at 109. 	Based on the
foregoing, we find Complainant is also alleging that she was subjected to a hostile
work environment based on disability and in reprisal for requesting a reasonable
accommodation. These are actionable claims.
To the extent, on appeal, Complainant is seeking to amend the instant complaint to
include the basis of race and a constructive discharge claim, she should contact the
Agency’s EEO Director, in writing, to request that the instant complaint be
amended 	to 	include 	these 	matters. 	See 	Equal 	Employment 	Opportunity
Management Directive for 29 C.F.R. Part 1614 Ch. 5 III(B) (rev. Aug. 5, 2015).
Accordingly, to the extent Complainant is alleging that she was subjected to a
hostile work environment in reprisal for an Agency official not liking her request
for assistance, we AFFIRM the Agency’s dismissal for failure to state a claim.
However, to the extent Complainant is alleging that she was subjected to a hostile
work environment based on disability and in reprisal for requesting a reasonable
accommodation, we find these matters set forth an actionable claim and REVERSE
the Agency’s final decision dismissing these matters. We REMAND these matters
to the Agency for further processing in accordance with the ORDER below.
ORDER (E0224)
The Agency is ordered to process the remanded claims in accordance with 29
C.F.R. § 1614.108. The Agency shall acknowledge to the Complainant that it has
received the remanded claims within thirty (30) calendar days of the date this
decision was issued. 	The Agency shall issue to Complainant a copy of the
investigative file and also shall notify Complainant of the appropriate rights within
one hundred fifty (150) calendar days of the date this decision was issued, unless
the matter is otherwise resolved prior to that time. 	If the Complainant requests a
5 To the extent Complainant is alleging retaliation under the Family and Medical
Leave Act (FMLA), the Commission does not have jurisdiction over the FMLA.
Violations of the FMLA are under the jurisdiction of the Department of Labor.

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final decision without a hearing, the Agency shall issue a final decision within
sixty (60) days of receipt of Complainant’s request.
As 	provided 	in 	the statement 	entitled 	“Implementation 	of the Commission's
Decision,” the Agency must send to the Compliance Officer: 1) a copy of the
Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s
notice that transmits the investigative file and notice of rights, and 3) either a copy
of the complainant’s request for a hearing, or a copy of the final agency decision
(“FAD”) if Complainant does not request a hearing.
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). 	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.

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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. 	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.

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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 (T0124)
This decision affirms the Agency’s final decision/action in part, but it also requires
the 	Agency 	to 	continue 	its 	administrative 	processing 	of 	a 	portion 	of 	your
complaint. 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 on both that portion of your complaint which the Commission has
affirmed and that portion of the complaint which has been remanded for continued
administrative processing. 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 your appeal with the Commission, until such time as the
Agency issues its final decision on your complaint. 	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.

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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 17, 2026
Date