2026002630•EEOC Appeal 2026002630
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Gregory F.,1 Complainant, v. Markwayne Mullin, Secretary, Department of Homeland Security (U.S. Coast Guard), Agency. Appeal No. 2026002630 Hearing No. 430-2025-00004X Agency No. HS-USG-01224-2024 DECISION On May 21, 2026, 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 27, 2026, 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 finding no discrimination. 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.
2026002630 2 At the time of events giving rise to this complaint, Complainant worked as a Night Shift Painter/Supervisor, WS-9, at the Agency’s Aviation Logistics Center (ALC), Industrial Operations Division (IOD), United States Coastal Guard (USCG) facility in Elizabeth City, North Carolina. On April 29, 2024, Complainant filed a complaint alleging that the Agency discriminated against him in reprisal for prior protected EEO activity when: 1. On January 26, 2024, Complainant’s supervisor conveyed to Complainant that management was losing trust in Complainant. 2. On February 21, 2024, Complainant’s supervisor issued Complainant a Letter of Counseling (LOC) for allegedly improperly disclosing information to his subordinate. 3. On April 29, 2024, Complainant’s supervisor issued him lowered ratings on his performance evaluation.2 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 AJ. Complainant requested a hearing before an AJ. 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 retaliation. The Agency subsequently issued a final order fully implementing the AJ’s finding. The instant appeal followed. The AJ found that the Agency articulated legitimate, nondiscriminatory reasons for its actions. Claims 1 and 2 are connected to the same incident of the Aircraft Mechanic Supervisor/General Foreman (Supervisor) identifying Complainant as behaving improperly. Regarding claim 1, Supervisor stated that he was Complainant's first line supervisor on January 26, 2024. He denied telling Complainant, "The Command is losing trust in you." He explained that he had a meeting with Complainant due to the fact he was relaying information from Industrial Operations Division (IOD) supervisors and management to the Paint Shop Work Leader (PSWL). 2 The parties agreed to the issues as outlined in Complainant’s clarification of claims during a conference with an EEOC Administrative Judge (AJ). See Initial Conference, Deadlines and Records Completion Order dated November 20, 2024.
2026002630 3 Supervisor said that he told Complainant that conversations with supervisors and management stayed between supervisors, management, and him (Supervisor), and this information should not be relayed to subordinates to cause rumors and issues. Supervisor stated that he did tell Complainant, "The last thing you want, is to have management lose trust in you." As to claim 2, Supervisor stated that he was Complainant's supervisor who formally counseled him and issued an LOC. Supervisor said that any discussions Complainant was having with senior level management were improperly being repeated by Complainant to his subordinates. With respect to claim 3, Supervisor stated that he was Complainant's supervisor who issued him lowered ratings on his performance evaluation. Supervisor explained that he marked Complainant weak in communication due to the fact he had sent Complainant multiple emails on work related issues, specifically to pass down emails for the night shift to share flow of work with the day shift, and he has never received a response. Supervisor stated that supervisory, leadership, teamwork, and safety were all evaluated, and Complainant was rated overall as "Meets Expectations." Supervisor explained that at "Meets Expectations, “you are still doing your job.” He further explained they do not use the evaluation from the last year to base the evaluation for the current year. The Program Manager (Program Manager) stated that Complainant got lower ratings in communication, teamwork, and supervisory leadership. Program Manager explained that in the progress review prior to his final evaluation, Complainant was told that he needed to improve in administering performance management responsibilities, improve in constructive and effective communication with management, and to demonstrate good judgment in selecting proper modes of communication when communicating with subordinates. Program Manager said that Complainant needed to take control over the night shift as work leaders control the night shift without direction or guidance from him. The AJ found, and we agree, that Complainant provided no evidence that the Agency’s articulated reasons for its actions were a pretext for retaliation. Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision finding no retaliation.
2026002630 4 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. 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.
2026002630 5 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. 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 s Gul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 21, 2026 Date
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