EEOC Appeal 2025003614

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Trena M.,1
Complainant,
v.
Travis Hill,
Chairperson,
Federal Deposit Insurance Corporation,
Agency.
Appeal No. 2025003614
Agency No. FDIC-023-014
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
July 7, 2025 final decision 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 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.
At the time of events giving rise to this complaint, Complainant was an external
applicant for a position with the Agency as an Attorney-Advisor at the Agency’s
Labor Unit in Washington, D.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.

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On March 14, 2023, Complainant filed an EEO complaint alleging that the Agency
subjected her to discrimination on the bases of race (African-American), sex
(female), color (Black), age (64), and in reprisal for prior protected EEO activity
when, on February 20, 2023, Complainant learned that she was not selected for the
position of Attorney-Advisor (Senior Counsel), CM-0905-02, advertised under
Vacancy Announcement No. 2022-CM2-PJN-0037.
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, or a final decision from the agency. Complainant
timely requested a hearing but later withdrew the request. Accordingly, the Agency
issued a final decision. In the decision, the Agency concluded that Complainant did
not 	prove 	that 	she 	was 	subjected 	to 	discrimination 	or 	reprisal 	as 	alleged.
Complainant then filed the instant appeal.
Having thoroughly reviewed the record, we find that the record does not establish
that Complainant was subjected to discrimination or reprisal as alleged. 	We find
that the Agency articulated legitimate, nondiscriminatory reasons for the non-
selection. 	The 	selecting 	official 	stated 	that 	Complainant 	met 	the 	minimum
qualifications but that her application did not demonstrate significant experience in
Federal employment law, litigation of Federal labor or employment matters, or
supervision and management of attorneys. By contrast, the selecting official
confirmed 	that 	the 	selectee 	had 	far 	more 	extensive 	experience 	in 	Federal
employment law and attorney supervision. The selectee’s application reflected
experience as Counsel in the Agency’s Legal Division, service in Acting Senior
Counsel roles involving supervisory responsibilities, work as Counsel to the Deputy
Director and Chief Human Capital Officer, and prior experience as an Assistant
United States Attorney handling Federal employment and discrimination matters.
Complainant did not establish that these reasons were pretext for discrimination or
retaliation.
Upon careful review of the final decision and the evidence of record, as well as the
arguments presented, we conclude that the Agency correctly determined that the
preponderance of the evidence did not establish that Complainant was subjected to
discrimination based on race, color, sex, or age, or in reprisal for prior protected
EEO activity as alleged.

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CONCLUSION
Therefore, based on our review of the record and the contentions on appeal,
including those not specifically addressed herein, we AFFIRM the Agency’s final
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. 	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.

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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.
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.

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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 23, 2026
Date