Facts

The San Diego Veterans Affairs Healthcare System hired Brian Hollins as the Bar Code Medication Administration Coordinator and Clinical Nurse Informatics, Registered Nurse III Grade. Hollins initiated contact with an Equal Employment Opportunity counselor at the VA and filed a formal EEO complaint alleging harassment, retaliation, and creating a hostile work environment based on race, sex, and disability. The VA's Office of Employment Discrimination Complaint Adjudication determined Hollins failed to prove any of his claims against the VA. Hollins then resigned from his position and filed suit against the VA alleging discrimination, hostile work environment, failure to accommodate, and reprisal.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant discriminated against him when his requests to be reassigned to a quieter office, and accommodations for a suitable sized work station and a sit-stand desk were denied. Plaintiff contended that defendant discriminated against him on the basis of race when defendant accused him of stealing an ergonomic office chair that management had issued him. Plaintiff contended he was discriminated against when defendant denied his request for sick leave and charged him 4.5 hours of absent without leave. Plaintiff contended he was constructively terminated as a result of defendant's actions. Plaintiff also alleged defendant created a hostile work environment and retaliated against him for reporting EEO activity in violation of Title VII. Plaintiff also contended defendant failed to accommodate him based on his disability.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that it did not engage in discriminatory or retaliatory actions against plaintiff. Defendant contended it had legitimate, non-discriminatory, race-neutral reasons for its actions. Defendant also contended it was entitled to summary judgment because plaintiff failed to create triable issues of facts or establish a prima facie cases for discrimination or retaliation.

Result

Defendant's motion for summary judgment was granted.