2026002563•EEOC Appeal 2026002563
Texto completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Delphia F,1 Complainant, v. Douglas A. Collins, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency. Appeal No. 2026002563 Agency No. 20015162026170888 DECISION Complainant timely appealed with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's May 11, 2026, dismissal of her complaint of unlawful 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 (ADEA), as amended, 29 U.S.C. § 621 et seq. Upon review, the Commission REVERSES the Agency’s dismissal, and REMANDS Complainant’s complaint for further processing. At the time of events giving rise to this complaint, Complainant was employed by the Agency as a Nurse Manager, VA-3, for the C.W. Bill Young Department of VA Medical Center in Bay Pines, Florida. Complainant reported to the Assistant Chief Nurse (Assistant Chief) as her first level supervisor, and Chief Nurse, 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.
2026002563 2 Perioperative Nursing (Chief) as her second level supervisor. The claim involves a nurse in Complainant’s unit (Subordinate). On April 7, 2026, Complainant filed a formal EEO complaint alleging that the Agency subjected her to a discriminatory hostile work environment on the bases of sex (female), age (48), and reprisal for prior protected EEO activity when:2 1. In or around May 2025, Subordinate intimidated and chastised Complainant when he raised his voice at Complainant; 2. On or around August 3, 2025, Subordinate addressed Complainant in an agitated and harassing manner when she reported him for leaving his shift one (1) hour early; 3. In or around September 2025, Complainant became aware from coworkers that Subordinate was “out to get her;” 4. On or around December 1, 2025, Chief and Assistant Chief returned Subordinate to Complainant’s work unit despite Complainant’s September 2025, request for the Agency to separate him from her work unit; 5. In or around December 2025, Subordinate intentionally missed team meetings and disregarded Complainant’s instructions; 6. On or around February 17, 2026, Subordinate confronted Complainant in a highly aggressive manner; and 2 The Agency’s dismissal improperly fragmented Complainant’s hostile work environment claim by addressing the allegation in Claim 4 separately. The Commission reformatted the claims as a single hostile work environment allegation comprised of seven events. See Henderson v. Dep’t of the Army, EEOC Appeal No. 0120132221 (Feb. 11, 2014) citing Meaney v. Dep't of the Treasury, EEOC Request No. 05940169 (Nov. 3, 1994) (an agency should not ignore the "pattern aspect" of a complainant's claims and define the issues in a piecemeal manner where an analogous theme unites the matter complained of).
2026002563 3 7. On February 18, 2026, [Subordinate] stared at Complainant while she retrieved her computer to leave work on medically recommended leave. Complainant raised Claims 1 and 6 with the EEO Counselor as a hostile work environment claim. Complainant sought to amend her complaint to include the allegations in Claims 2, 3, 4, 5, and 7 when she filed her Formal EEO Complaint. The Agency properly accepted the amendments as “like and related” claims of harassment pursuant to 29 C.F.R. § 1614.106(d). The EEO Counselor’s Report reveals, with respect to Claim 1, that Complainant notified her first and second level supervisors (Chief and Assistant Chief) in May 2025, that Subordinate told Complainant he was a sharp-shooter and a sniper. With respect to Claim 6, the EEO Counselor’s Report reveals that on February 17, 2026, Subordinate followed Complainant, speaking in an aggressive manner after she instructed him to join the daily huddle. Complainant recounted that she notified Assistant Chief, who instructed Complainant to lock her door. In her Formal EEO Complaint, Complainant emphasizes that the hostile work environment was continuous, and that management was aware of the alleged harassing incidents yet failed to take any action. The Agency dismissed the matter pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim. For Claims 1, 2, 3, 5, 6, and 7, the Agency reasoned that as a supervisor, Complainant had the authority to take appropriate corrective action and/or discipline Subordinate for the alleged harassing actions. The Agency noted that even if Complainant was not Subordinate’s direct supervisor, she could forward her allegations “within the supervisory channel” to the appropriate supervisor’s attention. For Claim 4, the Agency found that the alleged conduct was not sufficiently severe or pervasive to establish a hostile work environment. On appeal, Complainant contends that the Agency’s decision ignored documented safety concerns affecting the severity of her harassment complaint. Complainant feared Subordinate and perceived his actions as intimidating because he “has repeatedly announced in the unit that he was a Veteran Army Sniper, and a ‘sharp shooter.” Complainant states that she reported these comments, “and many others” to HR, EEO and Hospital Administration, but was instructed that Subordinate is allowed to speak about his veteran status. Complainant also describes how the
2026002563 4 alleged harassment triggered and exacerbated her PTSD symptoms to such an extent that she was prescribed medication and had to take medical leave.3 In addition, Complainant provides context for the alleged harassment in Claim 2 (reported Subordinate for leaving 1 hour early); Claim 3 (coworkers informed her that Subordinate was “out to get her”) and Claim 4 (Subordinate permitted to return to Complainant’s unit). Complainant alleges that multiple female employees on her team submitted Reports of Contact (ROC) alleging that Subordinate subjected them to harassment. Complainant forwarded the ROCs to leadership, as well as the incident in Claim 2. As a result, the Agency conducted an investigation and temporarily detailed Subordinate to another unit on August 5, 2025. In September, Subordinate allegedly approached employees in Complainant’s unit, stating he would return and indicating that he was out to get Complainant. Complainant provides a copy of an email she sent to Chief, dated September 24, 2025, explicitly voicing her concerns about Subordinate returning to her Unit after the investigation. The email names 5 different employees who informed Complainant that Subordinate was making concerning comments about his upcoming return. She includes an incident on September 19, 2025, when two of the employees submitted ROCs recounting that Subordinate approached them and stated, “I will be back soon and all of those bitches who reported me will pay for it! All of the things they said were lies!” Complainant notified Chief of a past traumatic experience, and that Subordinate’s conduct was triggering her PTSD. Ultimately, Subordinate was returned to Complainant’s unit in December 2025. The September 24, 2025, email also reveals that Complainant took actions in her capacity as a supervisor to address Subordinate’s conduct. She informs Chief, “I have coached [Subordinate] on several occasions about focusing on himself and his quality care to our Veterans rather than his team members. He would constantly focus on the female team members within our department.” In her appellate brief, Complainant states that she provided Subordinate with verbal and written coaching about his repeated absences from the daily huddle. Complainant raised workplace safety concerns with HR and management. 3 On appeal Complainant refers to her PTSD multiple times in relation to the alleged harassment, however, she does not include disability as a basis for discrimination in her complaint.
2026002563 5 Hostile Work Environment The Commission has held that a claim of discriminatory harassment will survive if it alleges conduct that is sufficiently severe or pervasive to alter the conditions of the complainant’s employment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993). When the Commission reviews a claim of harassment for viability, we must consider complainant’s allegations together and assume them to be true. See Cobb v. Dep’t of the Treas., EEOC Request No. 05970077 (Mar. 13, 1997). We evaluate the harasser's conduct from the objective viewpoint of a reasonable person in the victim's circumstances. See EEOC Enforcement Guidance on Harris v. Forklift Systems, Inc., Notice No. 915.002 (Mar. 8, 1994). The evaluation "requires careful consideration of the social context in which particular behavior occurs and is experienced by its target." Oncale v. Sundowner Offshore Servs., 523 U.S. 75, 81 (1998). A claim that subordinate employees created a hostile work environment may be actionable if the complainant’s supervisors or agency management “condoned” or “tolerated” the subordinate’s harassing conduct, the agency exhibited a history or culture of tolerance at the complainant’s work site, and/or the complainant’s supervisors or agency management ineffectively responded when they were made aware of the subordinate’s harassing conduct. Colene M. v. Dep’t of Veterans Affairs, EEOC Appeal No. 2023000066 (Jan. 4, 2023) citing Norbert K. v. Dep’t of Homeland Sec., EEOC Appeal No. 2021001898 (Apr. 19, 2021), other citations omitted, but see Shan D. v. Soc. Sec. Admin., EEOC Appeal No. 0120162394 (Dec. 22, 2016) (subordinate making false statements to the complainant’s supervisor and other employees is insufficient, without more, state a claim of harassment). Severity or pervasiveness may be demonstrated where the alleged harassment unreasonably interferes with the complainant’s work performance. Id. In cases involving subordinate harassment, the impact on work performance typically manifests itself by reducing the complainant’s effectiveness as a supervisor or undermining the complainant’s credibility or authority in the eyes of other subordinates or coworkers. See, e.g., Opal v. Dep’t of State, EEOC Appeal No. 2020004444 (Oct. 8, 2020) (allegation that manager condoned the gender- based comments (e.g. “mothering”) and harassing conduct of two of the complainant’s subordinates, and told the subordinates to report to him (manager) instead, thereby allowing the conduct to continue and rendering the complainant’s supervisory role “irrelevant” states a claim).
2026002563 6 Complainant’s authority and ability to effectively supervise were undermined when Assistant Chief and Chief allegedly failed to adequately address Complainant’s safety concerns and returned Subordinate to Complainant’s unit. Assistant Chief and Chief were aware that Subordinate’s return would aggravate Complainant’s PTSD, and that Subordinate had a history of disregarding Complainant’s instructions and coaching. From Complainant’s account of events, Management appears to have tolerated Subordinate’s conduct. Given the context of workplace safety, and management’s alleged tolerance of the harassing conduct, we find Complainant states a viable claim of hostile work environment. Accordingly, the Agency's final decision dismissing Complainant's complaint is REVERSED. The complaint is hereby REMANDED to the Agency for further processing in accordance with this Decision and the Order below. ORDER (E0224) The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. § 1614.108. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision was issued. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision was issued, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant’s request. As provided in the statement entitled “Implementation of the Commission's Decision,” the Agency must send to the Compliance Officer: 1) a copy of the Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s notice that transmits the investigative file and notice of rights, and 3) either a copy of the complainant’s request for a hearing, or a copy of the final agency decision (“FAD”) if Complainant does not request a hearing. IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719) Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the
2026002563 7 Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. § 1614.403(g). The Agency’s final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative. If the Agency does not comply with the Commission’s order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File a Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409. Failure by an agency to either file a compliance report or implement any of the orders set forth in this decision, without good cause shown, may result in the referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency. 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.
2026002563 8 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).
2026002563 9 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0124) This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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. 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 Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 16, 2026 Date
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.