EEOC Appeal 2025003525

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Tyson L.,1
Complainant,
v.
Pete Hegseth,
Secretary,
Department of War2
(Department of War Education Activity),
Agency.
Appeal No. 2025003525
Hearing No. 570-2023-00708X
Agency No. DD-FY22-266
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
June 13, 2025, 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 following
reasons, the Commission AFFIRMS the Agency’s final order.
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.
2 Pursuant to Executive Order 14347, Restoring the United States Department of
War, issued on Sept. 5, 2025, the Department of Defense is to be known as the
Department of War. Any references in the record or decision to the Department of
Defense should be read interchangeably as the Department of War.

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At the time of events giving rise to this complaint, Complainant worked as a Teacher
(Mixed 	Secondary), 	AD-1710-16, 	at 	the 	Agency’s 	Mid-Atlantic 	District 	in
Quantico, Virginia.
On November 8, 2022, Complainant filed a formal EEO complaint alleging that the
Agency discriminated against him in reprisal for prior protected EEO activity when:
1. On August 26, 2022, Complainant was not selected for the Middle
School Mathematics and Secondary Math Teacher positions under
Vacancy Announcement No. 22APR37XCHRDEA647293.
2. On October 25, 2022, Complainant was not selected for the Secondary
Mathematics Teacher position under Vacancy Announcement No.
22AUG37XCHRDEA8503092.3
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). Complainant timely requested a hearing. The
AJ issued a summary judgment decision in favor of the Agency finding that
Complainant was not subjected to reprisal. The Agency subsequently issued a final
order fully implementing the AJ’s findings. The instant appeal followed.
Upon review of the record, we find that the Agency articulated legitimate non-
retaliatory reasons for its actions and Complainant failed to present sufficient
evidence to establish that the Agency’s articulated reasons for its actions were
pretextual for reprisal. The record establishes that, with respect to Claim a, the
selectee 	received 	a 	higher 	referral 	score 	than 	Complainant 	and 	documented
experience in the extracurricular activities of athletic director, swimming, wrestling,
baseball, cross country, track and field, and volleyball. With respect to Claim 2, the
selectee possessed experience in the extracurricular activities of athletic director,
baseball, basketball, cross country, football, tennis, and track and field.
The record does not establish that these reasons were pretextual. Complainant has
not presented sufficient evidence demonstrating that the Agency’s stated reasons
were not the actual reasons for its actions or that retaliatory considerations motivated
the selection decisions.
3 Complainant withdrew several additional claims.

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Rather, the record contains Complainant’s assertions and subjective belief that the
Agency’s actions were reprisal, but such generalized allegations, standing alone, are
insufficient to establish pretext.
Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s 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 29, 2026
Date