EEOC Appeal 2020001678

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Donette A.,1
Complainant,
v.
Robert Wilkie,
Secretary,
Department of Veterans Affairs
(Veterans Health Administration),
Agency.
Appeal No. 2020001678
Agency No. 2004-0590-2019104451
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency's decision (FAD) dated November 19, 2019, dismissing her
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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant was an applicant for the position
of Chaplain at the Agency’s Audie Murphy Medical Center facility in San Antonio, Texas, as well
as numerous other positions.
On August 26, 2019, Complainant filed a formal complaint alleging that the Agency subjected her
to discrimination on the basis of sex (female) and religion (Catholic) when:
1. 	On May 21, 2019 the Bishop, Episcopal Vicar for Veterans Affairs, Archdiocese
for the Military Services, USA (MILARCH) emailed Complainant and indicated
he would not endorse her for a Chaplain position because she is a woman;
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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2. 	On numerous unspecified occasions Complainant was found unqualified for a total
of 75 positions to which she had applied because she lacked the endorsement of the
Bishop;
3. 	Complainant was not selected for a Chaplain position with the US Air Force, in
MacDill, Florida, under announcement number 51-AFPC-1899754-807794-LFG,
GS-11; and
4. 	On January 8, 2018, Complainant was not referred for the position of Chaplain
under vacancy announcement number VHA-0659-18-ME-2025907.
The Agency dismissed the claims on various grounds. The Agency noted that MILARCH “is a
private entity [that] is the sole endorser of Catholic Chaplains for military hospitals. The entity
does not have active hiring authority at VA for Chaplain positions.” As such, the Agency found,
Complainant’s complaint was filed against the wrong Agency and therefore failed to state a claim.
The Agency further found that, with regard to the 75 positions referenced by Complainant, “neither
the [Agency] nor the EEOC has the authority to grant relief in matters pertaining to MILARCH.”
In the alternative, the Agency found that Complainant failed to provide any details regarding her
application for such positions, and therefore she again failed to state a claim. With regard to claim
3, the Agency found that it does not have authority over the US Air Force selection or referral
process and hence Complainant failed to state a valid claim. Finally, with regard to claim 4, the
Agency found that the claim should be dismissed for untimely filing of the formal complaint.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. § 1614.107(a)(2) states that the Agency shall dismiss a complaint that
fails to comply with the applicable timelines contained in §1614.106. §106(b) states that a
complaint must be filed within 15 days of receipt of the notice of right to file a formal complaint.
The record shows that on July 25, 2019, Complainant was sent a notice of right to file via email,
but she did not file her Formal complaint until August 26, 2019, which is beyond the 15-day limit.
On appeal, we note that Complainant has neither contested the Agency’s reported filing date of
her formal complaint, nor has she contested the fact that she was issued the notice of right to file
on July 25, 2019.
CONCLUSION
The FAD is AFFIRMED.

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STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0620)
The Commission may, in its discretion, reconsider this appellate decision if the 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 Operations (OFO)
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 his or her request for reconsideration, and any statement or brief in
support 	of 	his 	or 	her 	request, 	via 	the 	EEOC 	Public 	Portal, 	which 	can 	be 	found 	at
https://publicportal.eeoc.gov/Portal/Login.aspx.
Alternatively, complainant can submit his or her request and arguments to the Director, Office of
Federal Operations, 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, complainant’s request to reconsider
shall be deemed timely filed if OFO 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 his or her 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(c).

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COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
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 his or her 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:
______________________________ 	Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations
October 15, 2020
Date