2026002700•EEOC Appeal 2026002700
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Belia A.,1 Complainant, v. Pete Hegseth, Secretary, Department of War2 (Army and Air Force Exchange Service), Agency. Appeal No. 2026002700 Hearing No. 410-2024-00379X Agency No. AAFES-24.012 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 May 4, 2026 final order 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. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. 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. 2 Pursuant to Executive Order 14347, Restoring the United States Department of War, issued on Sept. 5, 2025, the Department of Defense is to be known as the Department of War. Any references in the record or decision to the Department of Defense should be read interchangeably as the Department of War.
2026002700 2 § 791 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 Food Service Worker at the Agency’s Army and Air Force Exchange Service at the Dunkin' Donuts at Fort Benning (formerly known as Fort Moore) in Georgia. On December 12, 2023, Complainant filed an EEO complaint alleging that the Agency subjected her to discrimination and a hostile work environment based on race (Asian), national origin (Philippines), disability (Mental), and in reprisal for prior protected activity when: 1. On September 19, 2023, the Restaurant Manager denied Complainant’s sick leave request; 2. On September 27, 2023, the Restaurant Manager denied her sick leave request for October 5, 2023; 3. On or about November 9, 2023, the Agency denied Complainant a reasonable accommodation for taking sick leave from November 6, 2023 to November 20, 2023; and 4. From November 2021 to the present: i. the Food Service Foreman would greet other employees but ignore Complainant, ii. the Food Service Foreman would turn her back on Complainant when Complainant spoke to her, iii. Complainant was assigned to work alone with the Food Service Foreman, iv. Complainant would be left to manage the sandwich station alone, v. on or about August 11, 2023, the Food Service Foreman caused Complainant to have an anxiety attack and made her go to the emergency room, and vi. the General Manager told Complainant, “This [is] just the way it is” and “Just tell the person upsetting you.” 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).
2026002700 3 Complainant timely requested a hearing. The AJ issued a summary judgment decision finding that Complainant was not subjected to discrimination or reprisal. The instant appeal followed. 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. We find that the alleged incidents, even assuming they occurred as described by Complainant, were more likely the result of routine supervision, personality conflicts, and general workplace disputes and are therefore insufficiently severe or pervasive to establish a discriminatory hostile work environment. Furthermore, we find that the conduct was not sufficiently material to deter protected activity. In addition, the Commission finds that Complainant failed to show that the alleged conduct was based on discriminatory or retaliatory animus. Regarding claim 1, the undisputed record showed that Complainant’s request for sick leave on September 19, 2023 was denied because that day was Complainant’s regularly scheduled day off and she could not be paid sick leave on her regular day off. Regarding claim 2, her request was denied because the facility’s schedule was posted two weeks in advance, and the schedule was already posted. In addition, the schedule was based on the availability of the employees and the operational needs. Another employee had previously requested the same time off. The record demonstrates that Complainant was not denied a reasonable accommodation because the Agency engaged in the interactive process and offered her alternative dates and Complainant agreed to instead take leave on alternative dates. The record showed that Complainant confronted her supervisor about what she perceived to be hostile facial expressions. The supervisor told her that she did not feel well. Moreover, to the extent that Complainant is alleging disparate treatment regarding her claims, Complainant has not proffered any evidence demonstrating that the Agency's explanation for its actions was pretext for discrimination or reprisal.
2026002700 4 CONCLUSION Based on our thorough review of the record and the contentions on appeal, including those not specifically addressed herein, we conclude that the entry of summary judgment was proper. 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. 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.
2026002700 5 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. 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.
2026002700 6 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 ________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 15, 2026 Date
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