2025003137•EEOC Appeal 2025003137
Texto completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Stephine S.,1 Complainant, v. Sean Duffy, Secretary, Department of Transportation, Agency. Appeal No. 2025003137 Agency No. 2024-00379-FHWA-06 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 May 12, 2025 final decision 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 decision. At the time of events giving rise to this complaint, Complainant worked as a Civil Rights Program Manager/Equal Opportunity Specialist, GS-12, in the Agency’s Nevada Division Office in Carson City, Nevada. 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.
2025003137 2 On November 7, 2024, Complainant filed an EEO complaint alleging that the Agency subjected her to discrimination and a hostile work environment based on race (African American), color (Black), sex (female), age (over 40), disability (mental), and in reprisal for prior protected EEO activity when: 1. On or about March 4, 2024, management falsely accused Complainant of improperly using a government-owned vehicle (GOV) for unofficial business; 2. On or about July 18, 2024, management rated Complainant “Meets Expectations/Fully Successful” on her performance appraisal after she had received “Exceeds Expectations” ratings in prior years; and 3. On or about July 25, 2024, management issued Complainant a Notice of Proposed 30-Day Suspension. The record reflects that, after Complainant filed her complaint, the Agency issued a decision mitigating the proposed 30-day suspension to a 14-day suspension. 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 did not make a timely election. Consequently, the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The Agency determined that claim 1 was untimely because it occurred more than 45 days before Complainant contacted an EEO Counselor on July 26, 2024. Nevertheless, the Agency considered claim 1 as part of Complainant’s timely hostile work environment claim. Regarding claims 2 and 3, the Agency found that management articulated legitimate, nondiscriminatory reasons for its actions and that Complainant did not establish that those reasons were pretext for discrimination or reprisal. The Agency further found that the incidents, considered individually and collectively, did not establish a hostile work environment. This appeal followed. STANDARD OF REVIEW As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R. § 1614.110(b), 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, at Chapter 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
2025003137 3 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”). ANALYSIS Preliminary Matter The record reflects that Complainant filed her appeal on June 7, 2025, but did not submit a statement or brief within the period prescribed by 29 C.F.R. § 1614.403(d). Complainant submitted her response only after receiving the Agency’s statement in opposition. The response primarily presents substantive arguments in support of the appeal that could have been raised in a timely appeal brief. Nevertheless, we need not determine whether Complainant’s response should be stricken. Even assuming that the response is considered in its entirety, its arguments do not establish a basis for disturbing the Agency’s final decision. Untimely EEO Counselor Contact EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires an aggrieved individual to initiate contact with an EEO Counselor within 45 days of the alleged discriminatory matter or, in the case of a personnel action, within 45 days of its effective date. Complainant initiated EEO Counselor contact on July 26, 2024. Claim 1 concerns management’s March 4, 2024, questioning and subsequent memorandum regarding Complainant’s use of the GOV. Thus, claim 1 was raised outside the applicable 45- day period and cannot be considered as an independently actionable discrete claim. The Agency appropriately considered the claim as background information for Complainant’s hostile work environment claim.
2025003137 4 Disparate Treatment & Harassment We find that the alleged incidents, even assuming they occurred as described by Complainant, were more likely the result of routine supervision, personality conflicts, and general workplace disputes and are therefore insufficiently severe or pervasive to establish a discriminatory hostile work environment. Furthermore, we find that the conduct was not sufficiently material to deter protected activity. In addition, the Commission finds that Complainant failed to show that the alleged conduct was based on discriminatory or retaliatory animus. Regarding claim 2, Complainant’s supervisor (Supervisor) explained that she rated Complainant Fully Successful because Complainant experienced difficulties completing certain assignments, including Equity 2 and National Summer Transportation Institute responsibilities. The Supervisor stated that Complainant missed deadlines, did not respond adequately to questions regarding the projects, and submitted materials without obtaining required management signatures. Notably, the Supervisor provided Complainant with a $600.00 cash award for taking on additional duties. Regarding claim 3, the Supervisor explained that she proposed Complainant’s suspension based on misuse of the GOV and inappropriate conduct. The record establishes that Complainant used the GOV without entering the trip on the office calendar; drove the vehicle to a stakeholder’s office, her residence, and Costco; returned the GOV but retained the vehicle key; and provided inconsistent accounts regarding her use of the GOV and the location of the key. The suspension proposal also charged Complainant with inappropriate conduct arising from her responses to the GOV inquiry, her communication with a coworker, and disruptive conduct in the office on April 11, 2024. Management considered Complainant’s written and oral responses, upheld the unauthorized-use and inappropriate-conduct charges, but mitigated the penalty to 14 days. Although Complainant disagrees with management’s actions and decisions, disagreement with management’s judgment does not establish discrimination or reprisal. We acknowledge that Complainant identified comparators but find that they were not similarly situated. Those identified generally involved incidental stops during authorized trips (like getting coffee). Complainant did not identify a comparator who, like her, engaged in an unrecorded trip involving non-work-related stops.
2025003137 5 Accordingly, the record contains insufficient evidence demonstrating that similarly situated employees outside Complainant’s protected classes were treated more favorably under comparable circumstances. Nor does the record establish that the Agency's stated reasons were a pretext for unlawful discrimination or reprisal. The challenged actions principally involved management’s investigation of GOV use, assessment of Complainant’s performance, and administration of discipline. Based on the record, the evidence does not establish that the incidents occurred because of Complainant's protected classes or prior EEO activity. Rather, the record supports the Agency’s explanation that the actions at issue were based on general workplace matters. Accordingly, after a thorough review of the record, we find that Complainant has not established by a preponderance of the evidence that the Agency subjected her to discrimination, reprisal, or a hostile work environment as alleged. Based on the foregoing, we AFFIRM the Agency’s final 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 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.
2025003137 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.
2025003137 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 Acting Director's signatu Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 21, 2026 Date
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.