2026002771•EEOC Appeal 2026002771
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Sadie S.,1 Complainant, v. Markwayne Mullin, Secretary, Department of Homeland Security (Transportation Security Administration), Agency. Appeal No. 2026002771 Hearing No. 570-2024-01334X Agency No. HS-TSA-00739-2024 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 April 29, 2026 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. At the time of events giving rise to this complaint, Complainant was assigned to the Philadelphia Field Office in Philadelphia, Pennsylvania as a Federal Air Marshal candidate. 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.
2026002771 2 However, Complainant was stationed at the Federal Law Enforcement Training Center in Artesia, New Mexico, and the Training Center in Egg Harbor, New Jersey. On March 13, 2024, Complainant filed a formal EEO complaint alleging that the Agency discriminated against her on the basis of sex (female)2 when: 1. On November 9, 2023, a management official verbally reprimanded Complainant and required her to submit and redo an essay. 2. On November 16, 2023, management officials verbally reprimanded Complainant. 3. On November 20, 2023, a management official removed Complainant from class and from the training academy. 4. On November 22, 2023, management subjected Complainant to an investigation. 5. On December 15, 2023, management terminated Complainant’s employment during her probationary period. 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 issued a summary judgment decision in favor of the Agency finding no discrimination. The Agency subsequently issued a final order fully implementing the AJ’s decision. The instant appeal followed. 2 During the Initial Status Conference, the parties mutually agreed that sex was the only basis of discrimination. The AJ stated that Complainant’s representative mentioned that he would file a Motion to Amend to include reprisal. However, the Motion to Amend was not submitted and the AJ limited the analysis to sex as the only basis of discrimination.
2026002771 3 As this is an appeal from a decision issued without a hearing, the Agency's decision is subject to de novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9, § VI.A. (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the Commission examine the record without regard to the factual and legal determinations of the previous decision maker,” and that EEOC “review the documents, statements, and testimony of record, including any timely and relevant submissions of the parties, and . . . issue its decision based on the Commission’s own assessment of the record and its interpretation of the law”); see also EEO MD-110, at Chap. 9, § VI.B. (Aug. 5, 2015) (providing that an administrative judge’s determination to issue a decision without a hearing, and the decision itself, will both be reviewed de novo). On appeal, Complainant challenges the AJ’s denial of her Motion to Compel regarding the missing portions of the investigative report. An AJ has full responsibility for the adjudication of the complaint, including overseeing the development of the record, and has broad discretion in the conduct of hearings. 29 C.F.R. § 1614.109(a), (e). Given the AJ's broad authority to regulate the conduct of a hearing, a party claiming that the AJ abused his or her discretion faces a very high bar. Trina C. v. U.S. Postal Serv., EEOC Appeal No. 0120142617 (Sept. 13, 2016), citing Kenyatta S. v. Dep't of Justice, EEOC Appeal No. 0720150016 n.3 (June 3, 2016) (responsibility for adjudicating complaints pursuant to 29 C.F.R. § 1614.109(e) gives AJs wide latitude in directing terms, conduct, and course of administrative hearings before EEOC). Here, we find that Complainant's disagreement with the AJ's decision to deny the Motion to Compel does not amount to a showing of an abuse of discretion by the AJ. The AJ found that the portion of the investigative report at issue fell within the protections of deliberative process privilege, and Complainant did not show that her need for the information outweighed the Agency’s interest in protecting its disclosure. Turning to the merits of the matter, the Commission’s regulations allow an AJ to grant summary judgment when they find that there is no genuine issue of material fact. 29 C.F.R. § 1614.109(g). An issue of fact is “genuine” if the evidence is such that a reasonable fact finder could find in favor of the non-moving party. Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49 (1986).
2026002771 4 A fact is “material” if it has the potential to affect the outcome of the case. Id. When considering summary judgment, facts and inferences must be viewed in the light most favorable to the non-moving party. See Ricci v. DeStefano, 557 U.S. 557, 586 (2009). To successfully oppose a decision by summary judgment, a complainant must identify, with specificity, facts in dispute either within the record or by producing further supporting evidence and must further establish that such facts are material under applicable law. 29 C.F.R. § 1614.109(g)(2); Celotex, 477 U.S. at 322-24; see also EEO MD-110, at Chap. 7, § III.E. Such a dispute would indicate that a hearing is necessary to produce evidence to support a finding that the Agency was motivated by discriminatory animus. Here, however, Complainant has failed to establish such a dispute. 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. We find that the Agency articulated legitimate, nondiscriminatory reasons for its actions. Specifically, the Agency terminated Complainant’s employment because an investigation revealed that Complainant engaged in misconduct during her training period, which the Agency determined made Complainant unfit to become a federal law enforcement officer. The record reveals that Complainant was accused of making discriminatory and inappropriate comments; attempting to or threatening to kick a fellow Federal Marshal candidate in the groin area three times; and slapping the buttocks of two Federal Marshal candidates. The deciding official noted that Complainant demonstrated a lack of maturity needed for the job based upon the accusations and Complainant’s responses to the accusations. With respect to the harassment claim, we agree with the AJ's finding that Complainant failed to demonstrate that the Agency's actions created a sufficiently severe or pervasive work environment to constitute an unlawful hostile work environment. Rather, the record reflects ongoing workplace tribulations during Complainant’s training period. For example, Complainant was required to write an essay concerning teamwork and accountability following an incident where she rode in a different van from her training class. Management stated that Complainant was verbally instructed to use the van assigned to her class going forward.
2026002771 5 Additionally, the vans were used to transport serialized inert red guns, which were supposed to be secured when not in use, and there were concerns regarding how Complainant was transporting her weapon back to her hotel. Complainant received an additional verbal reprimand based on management’s determination that Complainant was insubordinate and failed to follow the proper chain of command when sending an email regarding the van incident. With respect to Complainant’s removal from the training academy, management officials affirmed that Complainant was removed from the training class due to reports of inappropriate touching and unprofessional behavior, including a racial comment about another student. Complainant was removed pending adjudication of the Incident Tracking Report. Upon careful review of the AJ’s decision and the evidence of record, as well as the parties’ arguments on appeal, we conclude that the AJ correctly determined that the preponderance of the evidence did not establish that Complainant was discriminated against by the Agency 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 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.
2026002771 6 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. 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.
2026002771 7 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 __________ Gul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 17, 2026 Date
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