EEOC Appeal 2026002002

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Chong T.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.
Appeal No. 2026002002
Agency No. 200I-544-2026-170031
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated April 7,
2026, dismissing a formal complaint of unlawful 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. § 791 et seq. Complainant's complaint
was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a
claim.
During the period at issue, Complainant worked as an Advanced Medical Support
Assistant at the Agency’s Columbia Dorn Veterans Affairs Medical Center Non-VA
Community Care (NVCC) in Columbia, South Carolina.
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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On March 13, 2026, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination based on race (Black), disability (mental), and in
reprisal for prior protected activity when:
1. 	On or about January 23, 2026, Complainant received the first Fact-
Finding investigation stating no evidence was found due to harassment
and hostile work environment at NVCC; and
2. 	On January 23, 2026, the Chief of NVCC notified Complainant to
report 	back 	to 	what 	Complainant 	perceived 	as 	a 	hostile 	work
environment, effective January 26, 2026.
On April 7, 2026, the Agency issued its final decision dismissing Complainant’s
formal complaint pursuant to 29 C.F.R. § 1614.107, for failure to state a claim. In
its dismissal, the Agency stated that Complainant’s claims expressed dissatisfaction
with the administration and findings of an internal investigation.
The instant appeal followed.
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.
In her formal complaint, Complainant stated that she had been detailed to another
department because of 	harassment at the facility where she worked. She further
stated an internal investigation found no evidence that substantiated her claims and
she was directed to report back to her former duty station. A fair reading of
Complainant’s claims indicate that she is stating her dissatisfaction with the
Agency’s internal investigation. The Commission does not have jurisdiction over an
Agency’s internal investigation, and as such, Complainant fails to state a justiciable
claim under EEO regulations.

2026002002	3
Complainant failed to show that she suffered harm or loss with respect to a term,
condition, or privilege of employment for which there is a remedy. 	See Diaz v.
Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994).
The Agency's final decision dismissing Complainant's complaint is AFFIRMED.
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 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
T. Gimbrere, Acting Director
Office of Federal Sector
September 28, 2026
Date