EEOC Appeal 2025003616

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Marguerita D.,1
Complainant,
v.
Douglas A. Collins,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 2025003616
Hearing No. 443-2024-00044X
Agency No. 200J-0010-2023-154265
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 30, 2025 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. and 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 order.
At the time of events giving rise to this complaint, Complainant worked as a Contract
Specialist, GS-1102-09, at the Agency’s Chief Business Office Purchased Care in
Denver, Colorado.
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.

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On December 5, 2023, Complainant filed a formal complaint alleging that the
Agency discriminated against her on the bases of sex (female), disability (not
specified), and in reprisal for prior protected EEO activity when:
1. Between September 8, 2023, and November 19, 2023, she was required to
perform the workload and duty levels of higher pay grades while being
paid as a GS-9; and
2. Between September 8, 2023, and November 19, 2023, she was denied a
requested non-competitive promotion to match the workload and duties
she performed as a GS-9.
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 timely requested a hearing. The
AJ granted the Agency’s motion and issued a summary judgment decision finding
that Complainant was not subjected to discrimination or reprisal as alleged. The
Agency subsequently issued a final order fully implementing the AJ’s decision. The
instant appeal followed.
Having thoroughly reviewed the record and construing any inferences raised by the
undisputed facts in favor of Complainant, we find that Complainant has not
established that the Agency’s assignment of duties or denial of a non-competitive
promotion was motivated by discrimination or reprisal.
The Agency articulated legitimate, nondiscriminatory reasons for its actions.
Complainant was the sole credit card holder on her team and, as a result, she was the
only team member authorized to purchase equipment for veteran patients. The two
male employees she identified were also relatively new to the team and needed
additional time to become fully capable of performing their assigned responsibilities.
Thus, 	the 	record 	demonstrates 	that 	Complainant's 	additional 	workload 	was
attributable to staffing and operational needs, rather than to discriminatory or
retaliatory treatment.
The record likewise does not establish that Complainant's disability, sex, or prior
protected activity influenced the Agency's decision not to provide her with a non-
competitive promotion. The employees Complainant identifies as comparators
obtained competitive promotions, making their circumstances materially different
from hers.

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Complainant also points to Coworker 1 as a potential comparator, but the evidence
does not show that Coworker 1 received a non-competitive promotion. Complainant
acknowledges that Coworker 1 was already a GS-11 when she arrived, and any
promotion involving him therefore would have taken place under a different division
chief and manager. The record consequently does not demonstrate that Coworker 1
was similarly situated to Complainant or that the promotion decisions were made by
the same decisionmaker. Finally, the record shows that Complainant’s second-level
supervisor shared a vacancy announcement with Complainant for a GS-9/11 position
for a competitive promotion; however, Complainant did not apply and compete for
the position.
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
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).

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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.
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.

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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 signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 29, 2026
Date