After you file an EEO complaint, if your employer continues to come after you, send them this. _

[HR POS],

I have filed an EEO charge for religious discrimination. While the charge is still in the "Formal Complaint and Investigation" process, I will treat all attempts to continue the accomodation process as retaliation and continued discrimination. The EEO statutes prohibit retaliation against an individual because he/she has engaged in a protected activity, which includes either: 

• Opposition: opposing a practice made unlawful by one of the EEO statutes, or
• Participation: filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute

	and is codified at 29 CFR § 1614.101

The Department has completely failed engaging me with the entire accomodation process as required by law.

The Department has violated its own procedures set forth in VA Notice 22-04.

	3. PROCEDURES: "Generally, the time frame for processing a request is 30 calendar 				days from initiation of the interactive process by the DMO/Supervisor. This 				timeframe may be extended beyond 30 days, based on extenuating 					circumstances."

		a. Exception requests will generally be processed in the order they are received.
			...
			All submissions must be received no later than November 22, 2021.
			...
			The DMO/Supervisor will provide written notification acknowledging 					receipt of the request to the employee.

226 days have passed since I submitted VA FORM 0857a, as required by Department Policy. I did not receive a written notification acknowledging the receipt of the request (VA FORM 0857b). If I had received this form, I would have had the opportunity to meet with the "Reasonable Accomodation Coordinator" (RAC) to discuss my request and any options for providing the effective accomodation and engage in the "interactive process".

The lack of any "interactive process" is found in that VA FROM 0857n INITIAL INTERACTIVE PROCESS MEETING NOTES, was not used

	VA FORM 0857b : Next Steps : Box
		"I will keep you informed as to my progress. It is my goal to decide on your 				request and provide the accomodation, if approved, within thirty (30) buiness 				days."

There has been more than ample time to work through the process correctly. In fact, because I have been allowed to perform my essential functions, that is prima facie evidence that I have been given a de facto, interim accomodation (see VA FORM 0857c). If the Department is suddenly denying my request for accomodation because of undue hardship, it will need to defend its actions for having left me in my position for over 200 days while it languished in processing my reasonable accomodation request appropriately. .

I did not receive VA FORM 0857f : ACCOMODATION REQUEST DETERMINATION. 

I understand that this form is used to process Disability Requests for Accomodation (see Handbook 5975.1), however, if I had received this form, I would have been given the proper time, avenue, and opportunity to redress.

The Safer Worker Federal Task Force confirms:

In pursuing any adverse action, the agency must provide the required procedural rights to an 	employee and follow 	normal processes, including any agency policies or collective bargaining 	agreement requirements concerning 	disciplinary matters. Employees should not be placed on 	administrative leave while agencies are pursuing an adverse action for refusal to be 	vaccinated, but those employees will be required to follow safety protocols for employees 	who are not fully vaccinated when reporting to agency worksites.

https://www.saferfederalworkforce.gov/faq/vaccinations/

Religion is a protected class the same as Disability is a protected class in regards to discrimination laws. The failure to provide me an avenue of redress is further evidence that I am being discriminated against for my Religious Beliefs and have been denied due process.

The Fifth Amendment says to the federal government that no one shall be "deprived of life, 	liberty or property without due process of law."

Furthermore, had I received VA FORM 0857f, in BOX 14., I would have been given a detailed reason for the inability of the Department to provide the requested accomodation. I would have also been given seven (7) days and the opportunity to submit a written request for reconsideration to the next higher level Reconsideration Decision Making Official (RDMO). After the RDMO received that request, within seven (7) days I should have been notified in writing, (see VA FORM 0857l)

I was not afforded the option to redress here, yet again. This is important, due to the time limits imposed upon these opportunities for redress. Forty-Five (45) days for EEO complaints pursuant to 29 CFR Part 1614, and fifteen (15) calendar days to file an Administrative Grievance.

In addition to skipping multiple steps of the accomodation process, (0857b, 0857c, 0857f, and 0857l), the Department skipped VA FORM 0857n - INITIAL INTERACTIVE PROCESS MEETING NOTES, and has instead applied a policy of general applicability for VHA employees in certain 'high-risk' positions, for which they claim without proof of undue hardship, that they cannot be accomodated for any reason other than Reassignment.

Religious Freedom Restoration Act of 1993 - Prohibits any agency, department, or official of 	the United States or any State (the government) from substantially burdening a person's exercise 	of religion even if the burden results from a rule of general applicability, except that the 	government may burden a person's exercise of religion only if it demonstrates that application 	of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least 	restrictive means of furthering that compelling governmental interest. 

The Reassignment options that you stipulated as my only options to consider to be willing to accept, which were:

• Reassignment to a position that is different from the job series of my current position and in so doing would deprive me of employment opportunities to advance.  42 U.S. Code § 2000e–2(a)(2)

• Reassignment to a location outside my current official duty station or the commuting area, increasing the burden upon my financial security.

• Reassignment to a lower grade position, thereby reducing my salary.

• Reassignment to a part-time position, thereby reducing my total compensation.	

The options that you have provided appear to fit the definition of adverse actions. 5 U.S. Code § 7512 (1) a removal; (3) a reduction in grade; (4) a reduction in pay;

You admit, in your email sent on June 3, 2022, that the reassignment was the option of last resort. What other accomodations were considered? At what step in the process was I allowed to have a say in the matter?

In the 2006 U.S. Supreme Court case of Burlington Northern & Santa Fe Railway Co. v. White, the Justices held that while "adverse employment action" is an objective standard, determining if, when, where, and how it occurs is fact-dependent on the circumstance surrounding the alleged incident. What may be a materially adverse employment action in one situation may not be in another. In this and subsequent cases, the Justices set forth examples of material adverse employment actions, which included "Reassignment to an unfavorable location". 

I feel completely humiliated, ostracized, disrespected, and in fear of losing my job. My beliefs prevent me from complying with the Department's policy and for that, I am being punished unfairly.

I hereby request that you cease the pursuit of all Policies and Procedures set forth in Handbook 5975.1, VHA Directive 1193.1,VA Notice 22-04, and all other policies set forth to engage in the "Reasonable Accomodation" process or the Mandatory Vaccination programs, until the formal charge and investigation has concluded.

						I prey that this notice finds you in good spirts.

						regards,