2026001355•EEOC Appeal 2026001355
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Alda F.,1 Complainant, v. Pete Hegseth, Secretary, Department of War (Department of War Education Activity – Overseas Schools),2 Agency. Appeal No. 2026001355 Hearing No. 570-2024-00541X Agency No. EU-FY23-097 DECISION On January 26, 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 January 20, 2026, final order concerning her equal employment opportunity (EEO) complaint alleging 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. and the Age Discrimination in Employment Act of 1967 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. 2 Pursuant to Executive Order 14347, Restoring the United States Department of War, issued on September 5, 2025, the Department of Defense is to be known as the Department of War. Any references in the record or decision to the Department of Defense should be read interchangeably as the Department of War.
2026001355 2 (ADEA), as amended, 29 U.S.C. § 621 et seq. For the following reasons, the Commission AFFIRMS the Agency’s final order. During the period at issue, Complainant worked as a 0425 Teacher, Moderately to Severely Learning Impaired, TP-1701-CD, at the Agency’s Stuttgart High School in Stuttgart, Germany. On August 19, 2023, Complainant filed a formal EEO complaint alleging that the Agency discriminated against her on the bases of sex (female), age (YOB 1965), and in reprisal for prior protected EEO activity (reporting hostile work environment to her supervisor on March 24, 2023) when: 1. From March 2022 to June 15, 2023, the following events occurred: a. Complainant’s supervisor did not assign enough paraprofessionals to Complainant’s classroom, did not require paraprofessionals to assist Complainant, and allowed paraprofessionals to engage in unprofessional conduct directed toward Complainant; b. Complainant’s supervisor allowed several parents to harass Complainant; and c. Between January 2023 and June 2023, the Assistant Principal and two Instructional Support Specialists repeatedly blamed Complainant for circumstances beyond her control, and accused Complainant of nine false claims related to her duties as a Teacher. 2. On June 29, 2023, the Superintendent denied Complainant’s request to rescind her June 8, 2023, resignation; 3. On June 8, 2023, she was forced to resign her position; 4. On multiple occasions between June 2022, and the present, Complainant requested access to her OPF, but all such requests were ignored or denied. After an investigation, the Agency provided Complainant with a copy of the report of investigation and notice of her right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ).
2026001355 3 Complainant timely requested a hearing. On November 7, 2024, the Agency filed a motion for decision without a hearing. On November 13, 2024, Complainant responded to the Agency’s motion, and on November 19, 2024, Complainant filed her own motion for decision without a hearing. On January 16, 2026, the AJ issued a decision without a hearing. The Agency subsequently issued a final order adopting the AJ’s finding of no discrimination. The instant appeal followed. In rendering this appellate decision, we must scrutinize the AJ’s legal and factual conclusions, and the Agency’s final order adopting them, de novo. See 29 C.F.R. § 1614.405(a) (stating that a “decision on an appeal from an Agency’s final action shall be based on a de novo review . . .”); see also Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (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). This essentially means that we should look at this case with fresh eyes. In other words, we are free to accept (if accurate) or reject (if erroneous) the AJ’s, and Agency’s, factual conclusions and legal analysis – including on the ultimate fact of whether intentional discrimination occurred, and on the legal issue of whether any federal employment discrimination statute was violated. See id. at Chapter 9, § VI.A. (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”).We determine whether the AJ appropriately issued the decision without a hearing. An AJ may issue a decision without a hearing only after determining that the record has been adequately developed. See Petty v. Dep’t of Def., EEOC Appeal No. 01A24206 (July 11, 2003). We carefully reviewed the record and find that it is adequately developed. To successfully oppose a decision without a hearing, Complainant must identify material facts of record that are in dispute or present further material evidence establishing facts in dispute.
2026001355 4 We determine that the AJ properly found that there were no dispute of material facts which merited a hearing. First, the AJ noted that Complainant largely asserted that the Agency was not in compliance with the Civil Rights Act of 1964 and the Rehabilitation Act of 1973 related to provisions of educational services. The AJ explained that the Commission’s jurisdiction relates to unlawful discrimination for federal employees and applicants of federal employment. Second, regarding the various claims of harassment, the AJ properly determined that the action of Agency officials, or her treatment by Agency employees, was motivated by the raised bases. The AJ further properly determined that although Complainant expressed frustration at her treatment at the work site, nothing in the record reflects that any actions were motivated by discriminatory animus. Finally, regarding Complainant’s separation from employment, the record reflects that Complainant resigned on June 8, 2023, and asked that it be effective the same day, which was accepted by the Agency. Almost three weeks after her resignation and the Agency’s acceptance of the same, Complainant attempted to rescind the resignation. By the time Complainant attempted to rescind her resignation, the Principal was already in the process of filling her position. We AFFIRM the Agency’s final order adopting the AJ’s finding of 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.
2026001355 5 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). 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.
2026001355 6 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 __________ Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 23, 2026 Date
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