2026002722•EEOC Appeal 2026002722
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Donella D.,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2026002722 Hearing No. 520-2025-00095X Agency No. 200H-523-2024-155568 DECISION Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. §1614.403(a), 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 decision finding no discrimination. At the time of events giving rise to this complaint, Complainant worked as a Program Analyst/Scientific Project Manager, at the Agency’s Jamaica Plain VA Medical Center facility in Boston, Massachusetts. On February 24, 2024, Complainant filed a complaint alleging that the Agency discriminated against her on the bases of race 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.
2026002722 2 (African-American), national origin (African), sex (female), and in reprisal for prior protected EEO activity when: 1. Since August 2023, the Health Science Specialist (HSS) has failed to take action regarding Complainant’s reports of aggressive emails and vocal outbursts by a coworker, a Computer Specialist, who refuses to follow orders or complete work assignments. 2. Since approximately June or July 2023, management readily responds to concerns raised by others against Complainant. 3. Since approximately June or July 2023, coworkers shout and speak rudely toward Complainant. 4. Since June or July 2023, Complainant has been left out of scientific conference announcements. 5. Since June or July 2023, Complainant has been isolated and neglected regarding her need for supervisory input and attending workplace activities, and management has failed to answer emails and cancelled meetings. 6. On November 15, 2023, HSS and the Director of Data & Computer Science (Director) removed Complainant from the duties of COVID-19 Project Manager.2 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 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. When the Agency failed to issue a final order within 40 days of receipt of the AJ’s decision, the AJ’s decision finding that Complainant failed to prove that the Agency subjected her to discrimination as alleged became the Agency’s final action pursuant to 29 C.F.R. § 1614.109(i). The instant appeal followed. 2 We note that Complainant withdrew another claim (claim (d)) during a conference with an EEOC Administrative Judge (AJ). See Order Following Telephonic Pre- Conference Hearing dated September 10, 2024. We have renumbered the claims at issue for the sake of clarity.
2026002722 3 The AJ found that the Agency articulated legitimate, nondiscriminatory reasons for its actions. Regarding claim 1, HSS stated that she was told about Complainant’s concerns and she escalated the matter to her supervisor, Director. Director said that he and HSS took multiple actions, including moving the Computer Specialist to other projects to avoid direct conflict between him and Complainant. Director mentioned that he spoke to both Complainant and the Computer Specialist separately and asked them both to act professionally and de-escalate by discussing the issues collegially if possible. As to claim 2, Director stated that he was not sure what Complainant was referring to regarding this issue. Director said that, to his knowledge, no actions have been taken against Complainant by him based on any complaints from any other members of the Center for Data & Computational Science (C-DACS). With respect to claim 3, Director stated that he requested that the Human Resources Representative for C-DACS provide EEO complaint information to Complainant. Director mentioned that he requested to meet with Complainant specifically to address these issues, met with the other individuals responsible for the allegations, and ultimately asked the Computer Specialist to cease all form of communication with Complainant until further notice. Concerning claim 4, Director stated that he gets requests from individual team members to attend conferences that they are interested in, and he has not rejected any requests. Regarding claim 5, Director stated that he has not isolated or neglected Complainant regarding her need for supervisory input and attending workplace activities. He said that he responds to all emails that require his input and that he was unaware of any specific incident where he did not respond to Complainant, nor had he cancelled any meeting with Complainant unless there was a conflict. Regarding claim 6, Director stated that Complainant complained about three people on the project and requested personnel changes. The Director said Project Managers are often moved around to different projects in order to balance workloads. Furthermore, Complainant was offered the opportunity to return to being Project Manager for the project at issue, but Complainant declined the offer.
2026002722 4 As to the claim of harassment, the AJ found that Complainant had not shown that the incidents she complained of in her complaint were sufficiently severe or pervasive to alter the conditions of her employment. Furthermore, the AJ found that Complainant failed to show that any of the allegedly harassing incidents were motivated by her protected bases. Accordingly, we AFFIRM the AJ’s decision finding no discrimination which became the Agency’s final 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). 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.
2026002722 5 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. 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.
2026002722 6 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 22, 2026 Date
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