Abrego v. Wilkie

In 2011, Abrego began work as a dental assistant at a VA clinic, with Dr. Strampe. According to Abrego, Strampe “harassed” him, was “short-tempered,” and did not allow him to schedule patients, use computer resources, or make ward visits. In 2012, Abrego was assigned to a new dentist. Abrego claims that Strampe treated his new female assistant more favorably. Abrego received a letter of counseling that referenced three instances of inappropriate conduct; he filed an EEO complaint, alleging race and sex discrimination amounting to a hostile work environment. Although Abrego received “fully successful” ratings on his 2011-2013 performance evaluations, the reviews discussed Abrego’s combative workplace behavior. In 2014, the VA suspended Abrego for illegally recording his supervisor. Abrego filed another EEO complaint, alleging retaliation. In 2014, Abrego had several incidents with his new supervisor, primarily concerning Abrego’s absences and disruptive behavior. Abrego filed another EEO complaint and was terminated. In 2015, the Office of Employment Discrimination Complaint Adjudication rejected the three EEO complaints. The Seventh Circuit affirmed the summary judgment rejection of Abrego’s suit. Abrego failed to exhaust administrative remedies on some claims. The evidence “as a whole” does not “permit a reasonable factfinder to conclude that [Abrego’s] race [and] sex … caused … [his] adverse employment action. Abrego was terminated for legitimate reasons. The workplace conditions described by Abrego are not objectively offensive, severe, or pervasive. View "Abrego v. Wilkie" on Justia Law