EEOC Appeal 2025003704

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Hal T.,1
Complainant,
v.
Todd Blanche,
Attorney General,
Department of Justice
(Drug Enforcement Administration),
Agency.
Appeal No. 2025003704
Agency No. DEA-2023-00687
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
July 10, 2025 final decision concerning his 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.
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 decision.
At the time of events giving rise to this complaint, Complainant worked as a
Diversion Investigator at the Agency’s Caribbean Field Office in Ponce, Puerto
Rico.
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.

2025003704	2
On July 17, 2023, Complainant filed an EEO complaint alleging that the Agency
subjected him to discrimination and a hostile work environment on the bases of
disability (physical), age (51), and reprisal (prior protected EEO activity) when:
1. His supervisor delayed until February 2023, before responding to his
October 2022 request to discuss his 2022 performance evaluation;
2. In April 2023, his supervisor accused him of not doing his job; and
3. Beginning in 2021, his supervisor sent him and his colleagues various
inappropriate and unprofessional messages, pictures, and a video on their
government phones.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 EEOC Administrative Judge. In accordance with Complainant’s request, the
Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). In the decision,
the Agency concluded that Complainant failed to prove that he was subjected to
discrimination or reprisal as alleged.
We find that the alleged incidents were not objectively severe or pervasive to
establish a discriminatory hostile work environment and not sufficiently material to
deter 	protected 	activity 	to 	establish 	a 	retaliatory 	hostile 	work 	environment.
Furthermore, the Commission finds that Complainant failed to show that the alleged
conduct was based on discriminatory or retaliatory animus. 	For example, due to
scheduling difficulties and Complainant’s failure to respond to his supervisor for
substantial periods of time, the meeting between Complainant and his supervisor
was delayed approximately four months. In addition, Complainant’s performance
rating reflected the work he performed during the rating period.
Moreover, to the extent that Complainant is alleging disparate treatment regarding
his claims, Complainant has not proffered sufficient evidence demonstrating that the
Agency's explanation for its actions was pretext for discrimination or retaliation.
2 Complainant asserts that sometime in 2022, his supervisor circulated a photograph
of beer cans and a video of himself lip-synching to the song “Barbie Girl.”

2025003704	3
CONCLUSION
Therefore, based on our review of the record, including arguments raised on appeal,
we AFFIRM the Agency’s final decision finding no discrimination or reprisal.
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.

2025003704	4
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.
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.

2025003704	5
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 16, 2026
Date