2026002468•EEOC Appeal 2026002468
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Melba G.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2026002468 Hearing No. 530-2025-00228X Agency No. 2004-460-2024-161314 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 22, 2026 final order 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 order finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Nurse Practitioner at two outpatient clinics within the Agency’s Wilmington Healthcare System in Wilmington, Delaware. 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.
2026002468 2 On October 28, 2024, Complainant filed an EEO complaint alleging that the Agency subjected her to a hostile work environment based on race (Black), age (61), and in reprisal for prior protected EEO activity when, as defined by the Agency: 1. On June 12, July 15, and August 21, 2024, Complainant’s second- level supervisor (S2), Associate Chief of Ambulatory Care, and Complainant’s first-level supervisor (S1), Deputy Assistant Chief of Staff, directed Complainant to write prescriptions (controlled substances) without Agency Drug Enforcement Administration (DEA) credentials; 2. On August 5, 2024, as the only board-certified Nurse Practitioner for Women’s Health at her facility, Complainant was directed to attend a women’s health residency program in Chicago for a week of training for Nurse Practitioners, but her coworkers were allowed to continue to perform women’s health care services; 3. On September 27, 2024, S1 denied Complainant overtime and was subsequently the only provider denied overtime; and 4. On October 10, 2024, Complainant brought the matter to the attention of S2, who supported S1’s denial of overtime due to the patient panel size not exceeding the 800-patient threshold. Complainant did not challenge the framing of the complaint. After its investigation into the complaint, 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. The Agency submitted a motion for a decision without a hearing, which Complainant opposed. The AJ granted the Agency’s motion and issued a decision by summary judgment in favor of the Agency, finding no discrimination or harassment. The Agency subsequently issued a final order fully implementing the AJ’s findings. The instant appeal followed. The AJ found that the Agency articulated legitimate, nondiscriminatory reasons for its actions. Regarding claim 1, because Complainant had recently begun work at the Agency, she was required to transfer her DEA licensure in order to write prescriptions.
2026002468 3 S2 told Complainant she should use the facility’s DEA number to write prescriptions while waiting for the processing of her individual DEA licensure. Complainant refused to do so, believing it violated various regulations and policy, though Agency management stated that new hires were permitted to use the facility DEA number. Complainant was not disciplined for not issuing prescriptions during this interim period. Regarding claim 2, management required Complainant to attend a Women’s Health “mini-residency” in accordance with an Agency directive regarding health services for women veterans. S1 averred that all women’s health practitioners were expected to attend the training at some point to refresh their knowledge base. The Agency reimbursed Complainant’s costs to attend the course, and the record indicated that several other providers were required to attend similar training in years past. Regarding claims 3 and 4, Complainant emailed S1 about her eligibility for overtime, but S1 responded that it was the Agency’s practice not to grant overtime or compensatory time to a provider unless the provider’s “panel size” (i.e., number of patients) reached an average of about 750 to 800 patients. At the time of Complainant’s inquiry, Complainant’s panel size was only around 480, as management was “ramping her up” and did not have her on a full patient schedule. The AJ concluded that Complainant failed to present record evidence, outside of her own subjective beliefs, indicating that the Agency’s explanations for its actions were pretext for discrimination based on her protected bases. The AJ also found that Complainant failed to show that similarly situated employees outside her protected bases were treated more favorably. Because we find the AJ properly concluded that Complainant failed to show the complained-of incidents were motivated by her protected bases, they cannot comprise Complainant’s hostile work environment claim. Moreover, we agree with the AJ that the alleged conduct was not sufficiently severe or pervasive to rise to the level of harassment, as it reflected routine supervisory instructions, personality conflicts, and general workplace disputes and tribulations. Complainant argues on appeal that there are disputes of material fact regarding whether the Agency failed to follow or consistently adhere to its policies. For instance, Complainant contends that other providers did not have to attend women’s health training and received overtime despite being below the 800-patient
2026002468 4 threshold. However, the record indicates that several other providers were required to attend the training, though one did so remotely during the COVID-19 pandemic. As for overtime, the provider named by Complainant had 736 patients, compared to Complainant’s 480; this substantial difference between the number of patients for Complainant and the other provider fails to indicate pretext. We therefore find that such inconsistencies, to the extent they occurred, are insufficient to require a hearing. Complainant has not presented record evidence beyond her own statements and bare speculation that S1 or S2 harbored discriminatory or retaliatory animus. Having thoroughly reviewed the record, and construing any inferences raised by the undisputed facts in favor of Complainant, we find that a reasonable fact-finder could not find in Complainant’s favor. Upon careful review of the AJ’s decision and the evidence of record, as well as the parties’ arguments on appeal, we conclude that the AJ correctly determined that the preponderance of the evidence did not establish that Complainant was discriminated against by the Agency as alleged. Accordingly, we AFFIRM the Agency’s final order 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.
2026002468 5 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. 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.
2026002468 6 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 __________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 15, 2026 Date
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