2026002312•EEOC Appeal 2026002312
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Alex L.,1 Complainant, v. Michael Obadel, Acting Secretary, Department of the Army, Agency. Appeal No. 2026002312 Hearing No. 570-2024-007-94X Agency No. AREUANS23AUG02607 DECISION Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403, from the Agency’s April 8, 2026, final order 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. For the reasons that follow, we AFFIRM the Agency’s final order. At the time of events giving rise to this complaint, Complainant was employed by the Agency as a General Engineer, Branch Chief, GS-12, at the U.S. Army Garrison Ansbach in Ansbach, Germany. On September 6, 2023, Complainant filed an EEO complaint alleging the Agency subjected him to discrimination based on sex (male) when the Chief Engineer: (a) selected the Supervisory General Engineer to assume 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.
2026002312 2 all acting responsibilities as Acting Chief of the Engineering Divisions instead of Complainant; (b) caused two of Complainant’s subordinate employees to abandon weekly required meetings; (c) repeatedly disparaged and undermined Complainant; (d) frequently excluded Complainant from pertinent information, meetings and discussions related to the Agency’s mission, work assignments/projects and the performance of duties; (e) sent Complainant an email requesting a meeting to discuss his performance and when Complainant disagreed with the subject matter and reported it to the EEO Counselor, cancelled the meeting; (f) stated he was so excited about photovoltaic (PV) panels that he would have to hold down his desk, insinuating his erect penis would cause the desk to lift; (g) visually simulated masturbating two penises onto his face and allowed a coworker to place a writing utensil in his groin area simulating an erect penis; (h) said “I’m trying not to say anything about things six inches long” which prompted others in the office to make sexual jokes; and (i) sexually assaulted Complainant when he placed his hand on his knee and inside leg. 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 (AJ). On November 27, 2024, the Agency filed a motion for summary judgment. On December 11, 2024, Complainant filed a timely response opposing the Agency’s motion. On September 4, 2025, the AJ issued an order granting, in part, the Agency’s motion for summary judgment. Specifically, the AJ granted summary judgment in favor of the Agency with respect to claims (a) to (e) and Complainant’s retaliatory harassment claim but denied summary judgment with respect to his sexual harassment claim as alleged in claims (f) to (i). The AJ held a hearing on March 9 and 10, 2026, and subsequently issued a decision in favor of the Agency, finding that Complainant was not subjected to discrimination as alleged. The Agency thereafter issued a final order fully implementing the AJ’s decision. Complainant then filed the instant appeal. With respect to claims (a) to (e), we find that Complainant’s conclusory assertions without supporting evidence identifying any genuine issue of material fact are insufficient to demonstrate that the AJ erred in granting summary judgment. Accordingly, we AFFIRM the Agency’s final order regarding these claims.
2026002312 3 Claims (f) – (i) 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.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (internal citation omitted). A finding regarding whether or not discriminatory intent existed is a factual finding. See EEOC Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chapter 9, at § VI.B. (Aug. 5, 2015). An AJ's conclusions of law are subject to a de novo standard of review, whether or not a hearing was held. Id. 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. Id. EEO-MD-110, Chap. 9 § VI.C, further provides that on appeal to the Commission, the burden is squarely on the party challenging the AJ’s decision to demonstrate that the AJ’s factual determinations are not supported by substantial evidence. See id. In this case, this means that Complainant has the burden of pointing out where and why the AJ’s findings are not supported by substantial evidence. Cf. id. (pointing out that “[t]he appeals statements of the parties, both supporting and opposing the [AJ’s] decision, are vital in focusing the inquiry on appeal so that it can be determined whether the [AJ’s] factual determinations are supported by substantial evidence”).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. Concerning claims (f) to (i), we find that substantial evidence supports the AJ’s determination that Complainant failed to demonstrate that he was subjected to discrimination as alleged. We find no merit to Complainant’s contention that the AJ improperly required him to prove the alleged harasser’s sexual intent or sexual orientation. Rather, the AJ properly applied the evidentiary principles articulated in Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), to determine whether Complainant established that the alleged harassment occurred because of his sex. The record contains no credible evidence to conclude that the alleged conduct was sex-based.
2026002312 4 Specifically, Complainant failed to establish that the Chief Engineer was motivated by sexual desire; that he demonstrated a general hostility toward men in the workplace; or that he treated men and women differently in a mixed-sex workplace. Nor did Complainant present any other evidence establishing a nexus between the conduct and Complainant’s sex. Accordingly, Complainant has not established that the AJ applied an improper legal standard or erred in concluding that he failed to prove discrimination based on sex. The record supports the AJ’s determination that “[t]he preponderance of the evidence established that Complainant was the victim of crude and vulgar teasing, joking, and horseplay which were expressions of juvenile provocation, and not discrimination because of sex.” We also reject Complainant’s contention that the AJ denied him a full and fair hearing merely because only two witnesses testified. The number of witnesses presented, standing alone, does not establish that a hearing was inadequate or unfair. Rather, Complainant must demonstrate that the exclusion of additional testimony materially impaired his ability to present his case. He has not done so here. Complainant failed to identify any excluded witness who possessed material evidence supporting his claim or to explain how the testimony of any additional witness could have affected the outcome of the proceeding. Significantly, none of the witnesses Complainant sought to call purported to have knowledge that the Chief Engineer was motivated by sexual desire, demonstrated a general hostility toward men in the workplace, treated men and women differently, or otherwise engaged in the alleged conduct because of Complainant’s sex. Thus, Complainant has not shown that the excluded testimony would have supplied evidence material to an essential element of his sexual harassment claim. Accordingly, we find no basis to conclude that the AJ’s limitation of witness testimony prejudiced Complainant or deprived him of a full and fair opportunity to present his case. Finally, we note that the record indicates that the Agency took corrective action in response to the Chief Engineer’s inappropriate conduct by issuing him a letter of reprimand, and the record does not indicate that he subsequently engaged in similar conduct. Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision.
2026002312 5 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. 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.
2026002312 6 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 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 21, 2026 Date
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