2026003602•EEOC Appeal 2026003602
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Roxane C.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2026003602 Hearing No. 830-2026-01425X Agency No. 200P-346-2025-163551 DECISION On July 25, 2026, 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, 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 finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Vocation Rehabilitation Counselor, GS-12, at the Agency’s Seattle VA Regional Office facility in Seattle, Washington. 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.
2026003602 2 On May 1, 2025, Complainant filed a formal complaint alleging that the Agency discriminated against her on the bases of race (African American) and sex (female) when, on December 31, 2024, Complainant’s request for a compressed work schedule (CWS) was denied. 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 before an AJ. The Agency submitted a motion for a decision without a hearing, which Complainant opposed. The AJ granted the Agency’s motion and issued a decision by summary judgment in favor of the Agency, finding no discrimination. The Agency subsequently issued a final order fully implementing the AJ’s finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. The instant appeal followed. We agree with the AJ’s determination that the Agency articulated legitimate, nondiscriminatory reasons for its decision to deny Complainant’s request for a CWS. Complainant said that she initially requested a CWS during her interview. After that, Complainant stated that she followed up and reiterated her request through email and Microsoft Teams messages. Complainant was initially assigned a Monday– Friday training schedule of 7:00 a.m. to 4:00 p.m. Following the completion of the training period, Complainant said that her schedule was modified to 7:00 a.m. to 3:30 p.m., with telework authorized on Monday, Thursday, and Friday, and in-office duty on Tuesday and Wednesday. Subsequently, Complainant submitted a request for a CWS consisting of Tuesday, Wednesday, Thursday, and Friday from 6:00 a.m. to 4:30 p.m., with Tuesday and Wednesday designated as telework days and Monday as a regular day off (RDO). Complainant reported that this schedule was requested to support consistent work completion and to mitigate the worsening of symptoms associated with her service-connected disabilities, including post-traumatic stress disorder (PTSD), anxiety, migraines, and musculoskeletal conditions affecting the knees, back, shoulder, and neck, which were adversely affected by more frequent in- person work requirements. The Veterans Readiness & Employment Officer (VREO) stated that Complainant began her employment with Veteran Readiness & Employment (VR&E) on May 19, 2024, and requested a CWS on September 25, 2024. VREO said that the request was denied because Complainant did not meet the one-year on-staff requirement and was still considered in training status at the time of each request.
2026003602 3 VREO stated that she, the Assistant Veterans Readiness & Employment Officer (AVREO) and the Supervisory Vocational Rehabilitation Counselor (SVRC) communicated this point to Complainant via email on October 2, 2024, November 27, 2024, December 26, 2024, and December 31, 2024. She also stated that Complainant was offered the opportunity to change her gliding tour of duty to an earlier start time, which she did effective pay period 1 of Calendar Year (CY) 2025 on January 12, 2025. Complainant presented no evidence to support a conclusion that the Agency’s articulated reasons are pretext for discrimination. Moreover, Complainant offered no explanation for her belief that the Agency’s denial of Complainant’s request for a CWS was connected to her race or sex. Although we note that the AJ included the bases of disability and age in the AJ’s decision, those bases seem to have been included by error as they were not raised in the complaint, not part of the accepted claim by the Agency (which was not challenged by Complainant), and there is no indication the complaint was amended before the AJ. Furthermore, we see no evidence of any age or disability discrimination. Having thoroughly reviewed the record and construing any inferences raised by the undisputed facts in favor of Complainant, we find that a reasonable fact-finder could not find in Complainant’s favor. 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 finding no discrimination. 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
2026003602 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. 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).
2026003602 5 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. 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 30, 2026 Date
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