2025001293•EEOC Appeal 2025001293
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Dion H.,1 Complainant, v. Kelly Loeffler, Administrator, Small Business Administration, Agency. Appeal No. 2025001293 Agency No. 24-003 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 final decision concerning his 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 the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. For the following reasons, the Commission AFFIRMS the Agency’s final decision finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Loan Specialist, GS-1165-11/5 at the Agency’s Office of Capital Access, COVID EIDL Servicing Center (CESC) facility in Fort Worth, Texas. On December 4, 2023, Complainant filed an EEO complaint alleging that the Agency discriminated against 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.
2025001293 2 him on the bases of race (African American), sex (male), age (born in 1973), and in reprisal for prior protected EEO activity when: 1. On September 9, 2023, Complainant was terminated. 2. From September 9, 2022 through September 9, 2023, due to his status as a temporary appointment Complainant did not receive within-grade increases, and he was not eligible for overtime pay. 3. On January 23, 2023, Complainant was not selected for a Lead Loan Specialist position within CESC. 4. On or around March 23, 2023, Complainant was not selected for a Lead Loan Specialist position. 5. On or around May 6 or 7, 2023, Management delayed processing Complainant’s leave request until June 12, 2023. 6. On May 22, 2023, Complainant was officially realigned from the Processing Disbursement Center (PDC) to the CESC and his duties were changed. 7. On August 1, 2023, Complainant’s doctor's note was not processed. 8. On September 9, 2022, Complainant was placed on a Not to Exceed (NTE) one-year, Temporary (Temp) appointment. 9. On September 9, 2022, Complainant was assigned to the CESC but remained stationed at the PDC until May 22. 2023. 10. In April 2020, Complainant was stripped of his term seasonal status appointment.2 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. In accordance with Complainant’s request, the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The decision 2 The Agency dismissed Claims 2 – 10 as not timely raised with an EEO Counselor. The Agency, however, analyzed Claims 2 - 10 under Complainant’s claim of hostile work environment. Complainant did not appeal the Agency’s decision dismissing Claims 2 - 10. We exercise our discretion to review only those issues specifically raised in an appeal and will not address claims 2 – 10, apart from considering them in the hostile work environment claim. See EEOC Management Directive for 29 C.F.R. Part 1614, (MD-110), Chap. 9, § IV.A. (Aug. 5, 2015).
2025001293 3 concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. The instant appeal followed. Having reviewed the record, we find that Complainant cannot prevail on the merits of his complaint, as the evidence of record supports the Agency’s finding that Complainant failed to establish that his protected classes were the reason for the alleged conduct and/or actions. Regarding Claim 1, Senior Supervisory Loan Specialist (SSLS), Complainant’s third-line supervisor stated that Complainant was not terminated. Complainant’s NTE one-year temporary appointment was to expire on September 9, 2023. He explained that Complainant was approved eight weeks of annual and sick leave, which covered the period from June 7, 2023, through September 8, 2023. On or about August 1, 2023, Complainant requested an additional eight weeks annual/sick leave and non-pay leave for any uncovered period and provided a doctor’s note to justify his request. The additional leave request was also approved. SSLS stated that in August 2023, the CESC leadership began to work on the extension/renew of the NTE temporary 400 contracts that were to expire on September 9, 2023. On or about August 29, 2023, Complainant was notified that his temporary employment would expire on September 9, 2023, with last day of work being Friday, September 8, 2023. SSLS denied that these actions were motivated by Complainant's protected bases. The record does not show, and Complainant did not provide evidence that Complainant contacted the Agency when he was notified of the impending expiration of his contract. Regarding harassment, Claims 3 and 4, SSLS explained that the leadership decided to hire in the lead positions only individuals that had been working in the CECS division. Complainant was not working in the CECS division at that time. Further, SSLS explained that in 2020 his PDC’s team rehired Complainant in a NTE temp appointment after having been placed in a non-pay status in 2019 due to lack of work. SSLS also explained that Term Seasonal was a type of appointment they used before but were not authorized to use anymore. All Term Seasonal appointments expired in 2020. Individuals under the previous Term Seasonal appointment were converted to NTE-Temp as per the Office of Personnel Management (OPM)’s instructions. We find that Complainant failed to persuasively show that any of the actions alleged were motivated by any of his protected classes, including reprisal.
2025001293 4 Finally, to the extent that Complainant is alleging that he was subjected to a hostile environment, we find that under the standards set forth in Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) that Complainant's claim of a hostile work environment must fail. A finding of a hostile work environment is precluded by our determination that Complainant failed to establish that any of the actions taken by the Agency were motivated by discriminatory animus. See Oakley v. U.S. Postal Serv., EEOC Appeal No. 01982923 (Sept. 21, 2000). Accordingly, we AFFIRM the Agency’s final decision finding no discrimination. 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
2025001293 5 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. 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
2025001293 6 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 28, 2026 Date
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