2026001895•EEOC Appeal 2026001895
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Lorriane L.,1 Complainant, v. Marco Rubio, Secretary, Department of State, Agency. Appeal No. 2026001895 Agency No. DOS-344-24 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 March 5, 2026, final decision concerning her equal employment opportunity (EEO) complaint of employment discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. For the following reasons, the Commission AFFIRMS the Agency’s final decision finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Foreign Service Officer at the Agency’s Office of Central American Affairs, Bureau of Western Hemisphere Affairs facility in Washington, D.C. On October 11, 2024, Complainant filed an EEO complaint alleging that the Agency harassed and discriminated against her based on disability (mental, physical) and in reprisal protected EEO activity (requesting a reasonable accommodation) 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.
2026001895 2 1. On June 10, 2024, Complainant received a negative Employee Evaluation Report for 2023-2024. 2. On May 20, 2025, Complainant was informed that her request for reasonable accommodation for alternative deadlines and a flexible work arrangement was denied. 3. Complainant’s leave request approvals from October 2024 to January 2025 were delayed, resulting in her ineligibility to participate in the Shared Leave Program. 4. Beginning in July 2023 and as recently as January 13, 2025, Complainant was subjected to a hostile work environment characterized by, but not limited to negative and derogatory comments about her performance, scrutiny, assignments of vague and non- substantive portfolios, tasks that were not commensurate with her rank/position or considered excessively administrative or disfavored by her peers, reduced responsibilities and duties, frequent reassignment to different teams, micromanagement, denial of sick leave, travel, and training requests, and unfavorable performance ratings. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation2 and notice of her right to request a hearing before an EEOC Administrative Judge. When Complainant did not request a hearing within the time frame provided in 29 C.F.R. § 1614.108(f), the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The decision concluded that Complainant failed to prove that the Agency subjected her to discrimination as alleged. Complainant filed the instant appeal. Upon careful review of the evidence of record, we conclude the Agency’s finding of no discrimination is consistent with the law and facts of record. Regarding Claim 1, Complainant indicated that management unfairly assessed her performance for the 2023-2024 period and made statements that were vague and 2 Notably, despite several requests, Complainant did not complete the investigator’s affidavit in support of her claims .
2026001895 3 inaccurate. The record indicates Complainant’s evaluation indicated that her performance was “satisfactory or better.” Complainant did not identify with specificity which statements she found to be inaccurate, offensive, or vague, but the record indicates Complainant’s then first line supervisor (S1A) sent Complainant drafts of his comments and incorporated her feedback in the final review. Complainant expressed dissatisfaction with his review and S1A scheduled a meeting to discuss, which Complainant ultimately cancelled and did not reschedule. Regarding Claim 3, the record indicates Director initially approved Complainant’s October 2024 leave requests but informed her on October 22, 2024, that additional medical documentation was required for the extended dates. Director later learned Complainant had a negative leave balance, and on October 25, 2024, she sought Human Resources (HR) guidance. HR contacted the Voluntary Leave Bank (VLB) on October 28, 2024, and they informed Complainant the same day that her shared‑leave participation was extended, and she was required to complete and submit Leave Accounting Worksheets. She was informed that failure to submit the required worksheets could result in the return of all leave donations. Complainant was directed to submit a worksheet for each relevant pay period. Complainant did not provide the requested medical documentation and on December 13, 2024, in an email she also asked Director to sign her shared‑leave application. On December 14, 2024, Director sought guidance from HR on how to handle leave requests when employees show a negative balance. Complainant followed up with Director via email on December 19, 2024, requesting her to confirm her leave requests and sign her shared leave program form. The same day, Director informed Complainant she was still awaiting guidance from HR on the correct process to follow. On December 20, 2024, Director confirmed she was authorized to sign the shared‑leave application, which she did, and was informed that without donated leave, Complainant would be placed in leave without pay status. On December 31, 2024, Director was advised to reject the pending leave requests due to insufficient leave balance. Regarding Claim 4, Director denied making negative or derogatory comments about Complainant’s performance and asserts that management provided direct feedback to Complainant on how to reach her performance potential and correct areas of deficiencies. Director further explained Complainant’s tasks were adjusted per her request to align with her medical constraints. Director asserts that all the tasks she was assigned were substantive tasks that the team needed to be performed.
2026001895 4 S1B (a first line supervisor after S1A) denied making negative or derogatory comments about Complainant’s performance. S1B indicated that as Complainant’s supervisor she did question her or follow up on tasks that had not been completed. S1B noted that Complainant failed to complete several tasks for a high-priority assignment, and in response she asked a seasoned team member to mentor Complainant, which was standard practice. S1B noted that Complainant was not completing priority assignments without explanation, which caused conflicts for the employee who was supposed to mentor Complainant with a significant case load, so they moved Complainant to another team where they could adapt a different caseload to her needs. S1B noted that the Agency denied Complainant’s request to take the Foreign Service Institute’s Economic Foundations for Foreign Affairs training due to budget constraints. The record indicates that during that period the Agency was limited to only essential travel for high-level front office priorities through the end of the fiscal year. Complainant has not presented any evidence that persuasively suggests that the Agency was motivated by her disability or retaliation for protected activity. Complainant has not identified any similarly situated employees outside her protected classes that were treated more favorably than her. Furthermore, Complainant has not met her burden of rebutting the Agency’s asserted nondiscriminatory reasons for its actions. Complainant also has not shown the Agency denied her a reasonable accommodation as alleged in Claim 2. The record indicates Complainant worked remotely and was part-time. She asserts that management told her she did not work enough hours. Complainant further asserts that in June 2023, she was directed to a FS-03 First in Cone Assignment (FICA) Economic Officer position in the Nicaragua Desk. She communicated that she would require remote work and flexible hours, and management said she could not fulfill the required duties working remotely – noting that the position was high stress and that access to classified systems was required implying only in-person, in-office access was needed. Complainant asserts she was instead assigned to a FS-03 Economic Officer position in the Strategy Team, which was a remote position. Director indicated that before joining the team, Complainant disclosed to her that she had an unspecified but serious medical condition that required specialized care thousands of miles from their office.
2026001895 5 Over the course of onboarding her to the team, Director worked closely with Complainant directly to accommodate her to the maximum extent possible based on what she understood Complainant’s limitations to be. Director also indicated that she separately consulted the Department’s Disability and Reasonable Accommodations Division (DRAD) and Human Resources (HR) officials for guidance. Director indicated that she understood that a doctor advised Complainant to work onsite and that she generally could only work approximately 20 hours per week, but that this would vary without predictability depending on Complainant’s physical reactions to medical treatment each day. Director stated that the portfolio that Complainant had been assigned by Human Resources could not meet these limitations, noting that her assigned position required long hours – historically beyond a 40-hour week – on secure communication systems with highly sensitive often classified information that could not be accessed remotely. Director indicated that the office accommodated Complainant by creating a portfolio based on unclassified work that could meet demands from their chain of command, which was subject to constant revision as needs shifted to meet the foreign policy objectives of the day. Both S1A and S1B indicated they were aware that Complainant has an undisclosed medical condition that caused work limitations. They noted she worked remotely, was approved for the voluntary leave donation program, was permitted to use 20 hours of leave each week and worked flexible hours. They denied rejecting any reasonable accommodation request. The record indicates that on September 20, 2023, management held a call with Division Chief of DRAD to determine if Complainant submitted any reasonable accommodation requests, which she had not. Management noted Complainant was approved for a business class flight to Korea in November 2023 as a reasonable accommodation, but no other formal requests had been received. The record indicates that the Agency engaged in the interactive process in good faith, including fashioning a role and assignments that fit Complainant’s limitations. Complainant has not shown that she was required to work outside her limitations. Accordingly, we AFFIRM the Agency’s final decision finding no discrimination.
2026001895 6 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).
2026001895 7 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.
2026001895 8 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 23, 2026 Date
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