2026002635•EEOC Appeal 2026002635
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Annalee D.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency. Appeal No. 2026002635 Hearing No. 550-2024-00232X Agency No. 200P-612-2023-153223 DECISION Complainant filed an appeal 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. Although the appeal was premature, it is now ripe for adjudication. For the following reasons, the Commission affirms the Agency’s decision finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Register Nurse, GS-06, at the Agency’s Sacramento VA Medical Center in Mather, California. On August 15, 2023, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American) and national origin (Ethiopian) when: 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.
2026002635 2 1. On July 2, 2023, Certified Nurse Assistant (CNA) yelled at Complainant to get out of a patient’s room and told another coworker to ignore her; 2. On July 11, 2023, Charge Nurse denied Complainant’s request not to work with CNA; 3. On July 11, 2023, CNA threw paperwork at Complainant and called her a “toxic person;” 4. On July 12, 2023, Nurse Manager, Medical Surgical Unit (“MSU”) declined to intervene between Complainant and CNA, and stated that she was going to ask the entire staff about Complainant; and 5. On July 12, 2023, CNA complained that all the staff have issues with Complainant and encouraged them not to work with Complainant. 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 (AJ). Complainant requested a hearing. When Complainant did not object, the AJ granted the Agency’s motion for a decision without a hearing and issued a decision in favor of the Agency. The Agency did not issue a decision within 40 days; therefore, the AJ’s decision finding no discrimination became the Agency’s decision. Having reviewed the record, we find that Complainant cannot establish a prima facie case of discrimination because the record does not include evidence on which a reasonable fact finder could find that the alleged conduct occurred because of Complainant’s protected classes. Complainant only offers broad allegations that she was discriminated against because of her protected bases without any details or supporting evidence. Her bare assertions are insufficient to prove that the alleged actions were motivated by a discriminatory animus. To the extent Complainant alleges that she was subjected to a hostile work environment based on her race and/or ethnicity, we find that even if the alleged incidents occurred in the manner described, the Agency’s actions are not sufficiently severe or pervasive to constitute a hostile work environment. We AFFIRM the Agency’s final order finding no discrimination.
2026002635 3 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.
2026002635 4 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. The court has the sole discretion to grant or deny these types of requests.
2026002635 5 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 __________ Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 17, 2026 Date
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.