[Redacted], Cristopher N, 1 Complainant,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Sep 19, 2022

Appeal No. 2022004491 (E.E.O.C. Sep. 19, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Cristopher N,1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Appeal No. 2022004491 Agency No. 2004-318-2022-145542 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's final decision dated June 29, 2022, dismissing his complaint alleging 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. BACKGROUND During the period at issue, Complainant worked as a Rating Veterans Services Representative at the Agency’s facility in Winston-Salem, North Carolina. On June 1, 2022, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the basis of religion when, on April 19, 2022 and ongoing, Complainant was required to register under the LEAF system to submit his request for a religious accommodation regarding the COVID-19 vaccine. The Agency dismissed Complainant’s complaint for alleging the same claim that has been decided by the Agency or the Commission. Specifically, the Agency reasoned that the instant complaint contained the same claim as set forth in a prior EEO complaint, identified as Agency Case No. 2004-0318-2021105897. 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 2022004491 The Agency set forth that on April 26, 2022, it issued a final decision regarding Agency Case No. 2004-0318-2021105897 and dismissed the matter for failure to state a claim. The instant appeal followed. ANALYSIS AND FINDINGS EEOC Regulation 29 C.F.R. § 1614.107(a)(1) provides for the dismissal of complaints that state the same claim as a claim that has already been decided by the agency or the Equal Employment Opportunity Commission. The Agency properly dismissed the instant complaint for alleging the same matter raised in a prior complaint. Complainant in the instant matter is alleging discrimination based on the Agency’s need for him to register in the LEAF system regarding a religious accommodation request regarding the Agency’s COVID-19 vaccine mandate. This matter was encompassed in Complainant's prior EEO complaint, identified as Agency Case No. 2004-0318-2021105897. Complainant, in this prior complaint, alleged discrimination when Agency officials mandated that all employees be vaccinated for COVID-19 and Complainant filed a request for a religious exemption to the mandate.2 On April 26, 2022, the Agency issued a final decision for this prior complaint dismissing the matter for failure to state a claim. Complainant filed an appeal from this decision which was docketed as EEOC Appeal No. 2022002820. EEOC affirmed the Agency’s dismissal for failure to state a claim. EEOC reasoned that, “Complainant does not allege that the Agency actually subjected him to discipline regarding his request for a religious exemption from the COVID-19 vaccine mandate and has not alleged that he was actually required to get vaccinated which he claims would violate his religious beliefs.” The appellate decision further found that to the extent Complainant was alleging a hostile work environment, this matter was properly dismissed for failure to state a claim. Complainant v. Department of Veterans Affairs, EEOC Appeal No. 2022002820 (Aug. 25, 2022). We find that Complainant’s instant complaint, involving his registration in the LEAF system for his religious accommodation request for an exemption from the COVID-19 vaccination mandate, was encompassed in his prior EEO complaint, Agency Case No. 2004-0318-2021105897, which as set forth above, involved his overall religious accommodation request for an exemption from the COVID-19 vaccine mandate.3 Accordingly, we AFFIRM the Agency’s final decision dismissing Complainant’s complaint. 2 The federal employee vaccination mandate was halted due to the nationwide temporary injunction placed on by a federal court. 3 In the Report of Investigation (ROI) for the prior complaint, Agency Case No. 2004-0318- 2021105897, a management official, in his affidavit, references the LEAF system being used by the Agency to process religious accommodations requests pertaining to the COVID-19 vaccine mandate. 3 2022004491 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) 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 Operations (OFO) 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 his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, 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 OFO 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 his or her 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(c). 4 2022004491 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) 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 his or her 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. 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: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations September 19, 2022 Date