2026003029•EEOC Appeal 2026003029
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Rachael F.,1 Complainant, v. Scott Bessent, Secretary, Department of the Treasury (Internal Revenue Service), Agency. Appeal No. 2026003029 Hearing No. 560-2024-00112X Agency No. IRS-23-1029-F DECISION On June 19, 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 May 19, 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., 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 order finding no discrimination. 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.
2026003029 2 At the time of events giving rise to this complaint, Complainant worked as a Contact Representative (CR), GS-0962-08 at the Wage & Investment-Account Management facility in Kansas City, Missouri. On October 9, 2023, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (Caucasian), sex (female), disability (physical), age (above 40 years-old), and in reprisal for prior protected EEO activity when: 1. On July 11, 2023, Supervisory Contact Manager (Supervisor 1), Complainant’s first-level supervisor, charged Complainant with Absent Without Leave (AWOL) and continually contacted Complainant at home despite her being approved for Family and Medical Leave Act (FMLA) leave from July 11 until October 23, 2023; and 2. On July 23, 2023, Complainant’s former manager (Supervisor 2) sent her a sexually offensive and threatening text. 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. Over Complainant's objections, the AJ assigned to the case granted the Agency’s October 13, 2024, motion for a decision without a hearing and issued a decision without a hearing on May 19, 2026. The Agency subsequently issued a final order adopting the AJ’s finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. The instant appeal followed. Having thoroughly reviewed the record and the arguments entered by the parties, we find that the preponderance of the evidence of record supports the AJ’s finding that Complainant failed to establish that her protected classes were the reason for the Agency’s actions. Even assuming arguendo that Complainant established a prima facie case of discrimination based on the alleged bases, we find that the Agency articulated legitimate, nondiscriminatory reasons for its actions, for which we find Complainant failed to establish were mere pretext for discrimination. Regarding Claim 1, the Agency explained that on July 11, 2023, Complainant reported that she had to have surgery and requested leave. Shortly after, Supervisor 1 informed Complainant that her Leave Without Pay (LWOP) request was incomplete due to the lack of supporting documentation. On or about July 27, 2023,2 2 Complainant’s medical provider didn’t sign the WH380 form until July 27, 2023.
2026003029 3 Complainant submitted a Form WH-380 form (medical certification) for recovery from surgery for the period from July 11, 2023 to August 27, 2023. Complainant notified Supervisor 1 that she was having a second surgery on July 31, 2023, due to further medical complications. Supervisor 1 denied the leave request explaining that Complainant provided insufficient medical documents, which were required under the National Agreement between the Agency and NTEU. On August 4, 2023, Supervisor 1 emailed Complainant to inquire about the type of leave being requested and informed Complainant that the request needed to be elevated for approval. On August 11, 2023, Supervisor 1 informed Complainant that she was being placed in AWOL status for 40 hours for her failure to follow the procedures under the National Agreement. However, on August 14, 2023, Department Manager (DM) informed Supervisor 1 that Complainant only needed to provide the duration of her absences from her medical provider since she had already provided information related to her surgeries. Thus, Complainant was informed that her leave request was complete and was forwarded to the DM and Operation Manager (OM) for approval. On August 21, 2023, OM approved Complainant’s leave request. By August 23, 2023, Supervisor 1 had converted the AWOL charges to LWOP. On October 6, 2023, Supervisor 1 again contacted Complainant (via email) to discuss her leave from October 4-6, 2023. Complainant was informed that she had exhausted her FMLA leave and was then required to follow the procedures under the National Agreement for any further leave requests. Complainant was initially placed in AWOL status (October 4-6) to cover the days in question. On October 16, 2023, Complainant informed Supervisor 1 that she was able to work one day a week. On October 17, 2023, Supervisor 1 notified Complainant that her request for leave was being forwarded to the OM. On October 19, 2023, OM approved Complainant’s leave from October 4, 2023, through October 20, 2023. The record shows that Complainant was ultimately provided with the requested leave once she provided the required documentation. The evidence does not establish, and Complainant did not provide evidence to the contrary, that the Agency’s reason for the way the leave request was processed was a pretext for discrimination on any of the bases she alleges. Regarding Claim 2, the Agency stated that Supervisor 2 was Complainant’s former first-level supervisor from February 19, 2019, to November 2020.
2026003029 4 At the time in question, Supervisor 2 was assigned to a different unit and tour of duty than Complainant. Supervisor 2 allegedly sent a text message to Complainant on July 23, 2023, during off duty hours. Although Complainant states the text was offensive (allegedly hoping Complainant is physically injured and attacked), there is no evidence of that text in the record. Complainant affirmed that she contacted Supervisor 2 and told him to stop sending message and that he did not message her again. Further, Complainant affirmed that she had no interactions with Supervisor 2 after July 23, 2023, until she approached him to ask questions about time and attendance. We find that even if the alleged incident occurred in the manner described, the Agency’s actions are not sufficiently severe or pervasive to constitute a hostile work environment. Accordingly, we AFFIRM the Agency’s final order 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 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.
2026003029 5 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. 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.
2026003029 6 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 ________ Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 29, 2026 Date
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