2025003932•EEOC Appeal 2025003932
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Debbi V.,1 Complainant, v. Pete Hegseth, Secretary, Department of War (Department of War Education Activity)2, Agency. Appeal No. 2025003932 Hearing No. 570-2023-00243X Agency No. EU-FY22-068 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 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. For the following reasons, the Commission AFFIRMS the Agency’s final order. 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. 2 Pursuant to Executive Order 14347, Restoring the United States Department of War, issued on Sept. 5, 2025, the Department of Defense is to be known as the Department of War. Any references in the record or decision to the Department of Defense should be read interchangeably as the Department of War.
2025003932 2 At the time of events giving rise to this complaint, Complainant worked as a Guidance Counselor, TP 1701, ED 15 at the Agency’s Europe East District, Ramstein Intermediate School in APO AE. On May 18, 2022, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African American), sex (female), age (over 40 years old), and in reprisal for prior protected EEO activity when: 1. a. From October 2018, to present, the Principal denied Complainant important information regarding students, entertained false and misleading information about her, and questioned whether she could perform her duties as a Guidance Counselor; b. From October 2018 to January 26, 2022, Complainant was excluded from attending Case Study Committee (CSC) meetings; c. From August 31, 2019, to present, Complainant was assigned duties involving a student with special needs and denied records and documentation related to the student; d. From August 31, 2020, to present, the Assistant Principal plotted with teachers to dictate how she performed her duties; e. From September 2021, to present, Complainant was accused of disagreeing with administrators regarding her duties, spying on colleagues, and being rude and unprofessional towards coworkers, parents, and administrators; f. From December 2021, to present, the Principal and Assistant Principal subjected Complainant to interrogations, investigations, micro-managed, second-guessed, and undermined her performance as Guidance Counselor; g. On January 21, 2022, and March 9, 2022, the Principal threatened Complainant with disciplinary action if she continued to complain about how she was being treated; and h. On or about March 1, 2022, management selected Complainant to work two days out of the work week to assist Landstuhl Elementary School. 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. After both parties submitted motions for a decision without a hearing, the AJ assigned to the case issued a decision without a hearing on July 9, 2025. The Agency subsequently
2025003932 3 issued a final order adopting the AJ’s finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. The instant appeal followed. Having reviewed the record, we find that Complainant cannot prevail on the merits of her complaint. While Complainant argues that the Agency’s actions were based on discriminatory animus, the record does not include evidence on which a reasonable factfinder could find that the 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 discriminatory animus. Further, the Agency articulated legitimate, nondiscriminatory reasons for its actions. Specifically, regarding Claim 1(a), Agency stated all counselors were denied information about the students, not just Complainant. Furthermore, several witnesses affirmed that Assistant Principal had questioned whether other members of the department could perform their duties, not just Complainant. Regarding Claim 1 (b), the Agency stated that counselors are included on a Child Study Committee (CSC), on an as-needed basis, but that the standard operating procedure was to exclude counselors from the CSC. Assistant Principal explained that guidance counselors were asked to attend meetings if they had relevant information or if a parent requested their attendance. The record shows that Complainant admitted, and other witnesses affirmed, that counselors were invited if they had pertinent information about the student to contribute during the CSC meeting. Regarding Claim 1(c), the Agency states that all counselors were provided with the same information from the Principals when they requested copies of a student Individual Education Plan (IEP). School counselors were told they could not access the special education files. If a counselor is a related service provider, then the IEP is made available. Moreover, the Agency stated that if needed, counselors can make an appointment with the Special Education Case Manager and/or Assistant Principal to review the records together. The record shows that Complainant admitted that she contacted Special Education Assessor Technician (Assessor) to access student information because Assessor had access to the special education computer.
2025003932 4 Regarding Claim 1(d), the Agency stated that a part of the Assistant Principal’s duties was to shape Complainant’s counseling services and outline the objectives and procedures to be used in accomplishing the objectives. Complainant was instructed to provide a solid date and time to meet with a high need student because even with a set schedule they had not been able to meet. Regarding Claims 1(e) and (f), the Agency stated that the School Psychologist confirmed that she and Complainant were accused by Teacher 1 of spying when they noticed a student was having similar issues that the student had experienced in the previous year. Complainant and Psychologist explained that they were being proactive by going to Teacher 1 to implement a positive process. The Agency stated that no disciplinary actions resulted from Teacher 1 reporting or Complainant’s assertions. Regarding Claim 1(g), the Agency stated no disciplinary action was taken. Complainant explained that this incident involved being threatened with discipline for not providing extra test time for a student. Complainant has not shown that others were treated differently under similar circumstances. Regarding Claim 1(h), the Agency stated that Complainant was assigned to work two days out of the week to assist Landstuhl Elementary School because the guidance counselor retired, leaving the school without a counselor. Complainant was considered a good option on a part-time basis because she lived by the school, had been in the community for five years, and other counselors were not available due to extreme needs at their schools. We find that the alleged incidents, even assuming they occurred as described by Complainant, were more likely the result of routine supervision, personality conflicts, and general workplace disputes and are therefore insufficiently severe or pervasive to establish a discriminatory hostile work environment. We note that anti- discrimination statutes are not general civility codes designed to protect against the “ordinary tribulations” of the workplace. See Liz M. v. Dep’t of Vet. Affs., EEOC Appeal No. 0120160016 (Jan. 18, 2018). We find, even accepting Complainant’s assertions as correct, no persuasive evidence of discrimination based on any of the alleged bases, including reprisal. We AFFIRM the Agency’s final order finding no discrimination.
2025003932 5 STATEMENT 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.
2025003932 6 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.
2025003932 7 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 ___________________________ Gul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 28, 2026 Date
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