Title VII-EEOC Ruling-Retaliation

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7^th Circuit Court of Appeals

Case Name: Cynthia Fuller v. Denis McDonough

Case No.: 22-2478

Officials: Sykes, Chief Judge, and Rovner and Kirsch, Circuit Judges.

Focus: Title VII-EEOC Ruling-Retaliation

In 2016, Fuller, a medical technician at the VA, began seeking treatment for mental disorders. During this time, a patient filed a complaint about Fuller’s treatment. As a result, Fuller received a written letter of counseling. Additionally, on two occasions, a VA employee, who was in a relationship with Fuller’s second-level supervisor, made inappropriate sexual remarks to Fuller. In response, Fuller reported the incidents to VA management. However, she later engaged in an argument with a coworker in the presence of a patient, which resulted in Fuller receiving a letter of reprimand. Furthermore, Fuller failed to prepare a procedure room adequately, leading to a delay in patient care.

Subsequently, Fuller requested an accommodation based on her mental health conditions, resulting in her being transferred to a different supervisor. She was also reported for violating sterilization protocols, which led to a notice of proposed removal. The proposed removal was based on the violation of protocols, failure to carry out assigned work causing patient care delays, and conduct unbecoming of a federal employee. Fuller declined a “last chance agreement” in which the VA offered to postpone her removal if she waived her rights to bring any existing or future claims and to use the EEOC complaints procedure. Ultimately, Fuller was terminated from her position.

Following these events, the EEOC found no evidence of discrimination. The Seventh Circuit upheld the summary judgment in favor of the VA in Fuller’s lawsuit, which alleged retaliation under Title VII and the Rehabilitation Act (42 U.S.C. 2000e, 29 U.S.C. 791). The court determined that the reprimand did not constitute an adverse employment action, and Fuller could not establish a causal link between her retaliation claims, including those related to her accommodation request and her rejection of the last chance agreement with its associated waivers.

Affirmed.

Decided 10/18/23

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