Fuller v. McDonough, No. 22-2478 (7th Cir. 2023)
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Fuller, a VA medical technician, began treatment for mental disorders in 2016. Subsequently, a patient complained about how Fuller had treated him. Fuller received a written letter of counseling. Twice, a VA employee who was dating Fuller’s second-level supervisor made sexual remarks to Fuller. Fuller complained to VA management. Fuller insulted her coworker and received a letter of reprimand. Fuller failed to prepare a procedure room, which caused a delay. Fuller argued with a coworker in front of a patient.
Fuller then requested an accommodation, based on her mental health conditions. Fuller was transferred to a different supervisor. Fuller was reported for violating sterilization protocol and received a notice of proposed removal based on that incident; failure to carry out assigned work, which caused a delay in patient care; and conduct unbecoming a federal employee. Fuller rejected a “last chance agreement,” in which the VA promised to hold her removal in abeyance if Fuller waived her rights to bring existing or future claims and to use the EEOC complaints procedure. She was then terminated.
The EEOC found no discrimination. The Seventh Circuit affirmed summary judgment for the VA in Fuller’s suit, alleging retaliation under Title VII and the Rehabilitation Act, 42 U.S.C. 2000e, 29 U.S.C. 791. The reprimand was not an adverse employment action. Fuller cannot establish causation for her retaliation theories based on her accommodation request and her rejection of the last chance agreement’s waivers.
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