EEOC Appeal 2025003212

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Trina C.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2025003212
Agency No. 200I-10N7-2024-157812
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
April 29, 2025, final decision concerning her equal employment opportunity (EEO)
complaint 	of 	employment 	discrimination 	in 	violation 	of 	Section 	501 	of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 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 accepted a tentative
offer of employment for the Registered Nurse-Call Center position, Vacancy
Announcement No. CBTB-11420999-22-RH, GS-0610-VN 00, at the Atlanta VA
Medical Center in Decatur, Georgia. 	On April 15, 2024, Complainant filed an EEO
complaint alleging the Agency subjected her to discrimination based on disability
(ulnar collateral ligament injury and repair) when on March 22, 2024, management
rescinded her job offer for the Registered Nurse – Call Center position.
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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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
requested a final decision. 	The 	Agency 	subsequently 	issued 	a final decision
pursuant to 29 C.F.R. § 1614.110(b), concluding that Complainant failed to prove
her allegation of discrimination. Complainant then filed the instant appeal.
As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R.
§ 1614.110(b), 	the 	Agency's 	decision 	is 	subject 	to 	de 	novo 	review 	by 	the
Commission. 	29 	C.F.R. 	§ 1614.405(a). 	See 	Equal 	Employment 	Opportunity
Management Directive for 	29 C.F.R. Part 1614 (EEO MD-110), at 9-16 (Aug. 5,
2015) (explaining that the de novo standard of review “requires that the Commission
examine the record without regard to the factual and legal determinations of the
previous decision maker,” and that EEOC “review the documents, statements, and
testimony of record, including any timely and relevant submissions of the parties,
and . . . issue its decision based on the Commission’s own assessment of the record
and its interpretation of the law”).
With respect to her claim, we find that the Agency articulated a legitimate,
nondiscriminatory 	reason 	for 	its 	action. 	Specifically, 	management 	rescinded
Complainant’s employment offer because her left elbow impairment prevented her
from performing the essential functions of the position at the time she was scheduled
to begin work, and the Agency could not hold the position open for the several
months necessary for her recovery. The position required, among other duties, the
ability to push, pull, sit for extended periods, and type while on the telephone triaging
patients.
On her January 16, 2024, start date, Complainant was wearing a cast and was unable
to operate a computer mouse, lift work equipment such as a laptop, open cabinets
and doors, or type while using the telephone. Management extended her start date to
February 1, 2024, to provide additional time for her recovery; however, Complainant
continued to wear an elbow brace and remained restricted from lifting, strenuous
physical activity, and certain movements. Management informed Complainant that
the position required her to perform its essential functions without such restrictions.
Although her brace was removed on February 7, 2024, Complainant continued to
experience discomfort and was not medically cleared to work without restrictions
until March 20, 2024.

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Further, we find that Complainant has not established that she was an individual with
a disability. While her left elbow impairment required surgery and temporarily
restricted certain activities, the record does not demonstrate that it substantially
limited a major life activity. Rather, her condition progressively improved, and she
was medically cleared to return to work without restrictions on March 20, 2024.
Thus, Complainant’s left elbow impairment did not constitute a disability within the
meaning of the Rehabilitation Act entitling her to a reasonable accommodation. See
Tom S. v. Dep’t Homeland Sec., EEOC Appeal No. 2021000766 (May 4. 2022).
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 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.

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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.

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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 15, 2026
Date