EEOC Appeal 2026002635

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Annalee D.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.
Appeal No. 2026002635
Hearing No. 550-2024-00232X
Agency No. 200P-612-2023-153223
DECISION
Complainant filed an appeal concerning her equal employment opportunity (EEO)
complaint of 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. 	Although
the appeal was premature, it is now ripe for adjudication. 	For the following
reasons, the Commission affirms the Agency’s decision finding no discrimination.
At the time of events giving rise to this complaint, Complainant worked as a
Register Nurse, GS-06, at the Agency’s Sacramento VA Medical Center in Mather,
California. 	On August 15, 2023, Complainant filed an EEO complaint alleging
that the Agency discriminated against her on the bases of race (African American)
and national origin (Ethiopian) 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 	July 	2, 	2023, 	Certified 	Nurse 	Assistant 	(CNA) 	yelled 	at
Complainant to get out of a patient’s room and told another coworker
to ignore her;
2. 	On July 11, 2023, Charge Nurse denied Complainant’s request not to
work with CNA;
3. 	On July 11, 2023, CNA threw paperwork at Complainant and called
her a “toxic person;”
4. 	On July 12, 2023, Nurse Manager, Medical Surgical Unit (“MSU”)
declined to intervene between Complainant and CNA, and stated that
she was going to ask the entire staff about Complainant; and
5. 	On July 12, 2023, CNA complained that all the staff have issues with
Complainant and encouraged them not to work with Complainant.
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 (AJ). Complainant requested a hearing.
When Complainant did not object, the AJ granted the Agency’s motion for a
decision without a hearing and issued a decision in favor of the Agency. 	The
Agency did not issue a decision within 40 days; therefore, the AJ’s decision
finding no discrimination became the Agency’s decision.
Having reviewed the record, we find that Complainant cannot establish a prima
facie case of discrimination because the record does not include evidence on which
a reasonable fact finder could find that the alleged conduct occurred because of
Complainant’s protected classes. Complainant only offers broad allegations that
she was discriminated against because of her protected bases without any details or
supporting evidence. Her bare assertions are insufficient to prove that the alleged
actions were motivated by a discriminatory animus.
To the extent Complainant alleges that she was subjected to a hostile work
environment based on her race and/or ethnicity, we find that even if the alleged
incidents 	occurred 	in 	the 	manner 	described, 	the 	Agency’s 	actions 	are 	not
sufficiently severe or pervasive to constitute a hostile work environment.
We AFFIRM the Agency’s final order finding no discrimination.

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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 (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. The court has the sole
discretion to grant or deny these types of requests.

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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 __________ Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 17, 2026
Date