EEOC Appeal 2025003713

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Derrick T.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2025003713
Hearing No. 550-2024-00110X
Agency No. 2003-436-2023-151377
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
June 26, 2025 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.
At the time of events giving rise to this complaint, Complainant worked as the
Associate Chief of Staff for the Agency’s VA Medical Center in Fort Harrison,
Montana.
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.

2025003713	2
On May 10, 2023, Complainant filed an EEO complaint alleging that the Agency
subjected him to discrimination and a hostile work environment in reprisal for prior
protected EEO activity when:
1. On 	February 	14, 	2023, 	the 	Chief 	of 	Staff 	(Chief 	of 	Staff) 	issued
Complainant a Letter of Partial Clinical Privileges Suspension;
2. Since February 14, 2023, Chief of Staff and other management officials
have refused to communicate with Complainant regarding the suspension
including requests for clarification on the scope of his duties;
3. On April 21, 2023, management officials failed to select Complainant for
the position of Clinical Director Comprehensive Pain and Wellness, Job
Vacancy Announcement No. VM-0602-15;
4. On April 24, 2023, Chief of Staff forced Complainant to respond to
unwarranted and punitive inquiries into his communication to staff from
March 2023 to April 2023, within one week;
5. On May 4, 2023, management officials issued Complainant a Letter of
Proposed Admonishment; and
6. On June 16, 2023, management officials failed to select Complainant for
the position of Clinical Director Comprehensive Pain and Wellness, Job
Vacancy Announcement No. CBSU-11940122-23-HMD.
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 EEOC Administrative Judge (AJ). Complainant timely requested a hearing. The
AJ granted the Agency’s motion and issued a summary judgment decision finding
that Complainant failed to prove that the Agency subjected him to discrimination as
alleged. 	The Agency subsequently issued a final order fully adopting the AJ’s
decision. This appeal followed.
Having thoroughly reviewed the record and construing any inferences raised by the
undisputed facts in favor of Complainant, we find that a reasonable factfinder could
not find in Complainant’s favor.

2025003713	3
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 tribulations and are therefore not
sufficiently material to deter protected activity to establish a retaliatory hostile work
environment.
Furthermore, 	the 	record 	is 	devoid 	of 	evidence 	beyond 	Complainant’s 	mere
speculation and suspicion that the alleged conduct was based on retaliatory animus.
For example, Complainant’s privileges were suspended after management identified
procedures 	Complainant 	performed 	that 	were not 	listed 	or approved 	on 	his
privileges. Complainant received reprimands because: (1) he sent two unauthorized
emails to the entire clinical staff taking issue with the discontinuation of a particular
procedure his clinic was offering; and (2) he failed to ensure that one of his
subordinates 	completed 	required 	training 	to 	maintain 	remote 	access 	during
suspension of clinical privileges pending an investigation. In addition, no selection
was 	made 	from 	the 	first 	vacancy 	announcement. 	For 	the 	second 	vacancy
announcement, Complainant was not selected because his residency was in family
medicine, and he did not complete a fellowship while the selectee had a residency
in physical medicine and rehabilitation and had completed a pain management-
related fellowship. 	We also find that Complainant failed to establish that the
explanations for the employment actions at issue herein were a pretext for retaliatory
animus.
Upon careful review of the AJ’s decision and the evidence of record, including
arguments on appeal, we conclude that the AJ correctly determined that the
preponderance of the evidence did not establish that Complainant was subjected to
reprisal or a hostile work environment as alleged. Accordingly, we AFFIRM the
Agency’s final order implementing the AJ’s decision.
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

2025003713	4
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.

2025003713	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.

2025003713	6
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