2026002593•EEOC Appeal 2026002593
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Leanne H,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026002593 Agency No. 4B2700663126 DECISION Complainant timely appealed with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's May 19, 2026, dismissal of her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., and Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq. Upon review, the Commission AFFIRMS the Agency’s dismissal. At the time of events giving rise to this complaint, Complainant worked as a Sales Services Distribution Associate (SSDA), 06-P, for the Agency’s Manor Station and Hanes Mall facilities in Winston Salem, North Carolina. On May 6, 2026, Complainant filed a formal EEO complaint alleging that the Agency subjected her to discrimination on the bases of race (Black), national 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.
2026002593 2 origin (U.S. Virgin Islands), sex (female), religion (not specified), genetic information (not specified), and reprisal for prior protected EEO activity when: On February 27, 2026, and other unspecified dates, Management subjected Complainant to bullying, monitoring, and other abusive behavior. The Agency dismissed the matter pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely filing of the formal complaint. The Agency reasoned that Complainant did not properly file her formal complaint because she sent it to the wrong address. As a result, the Agency did not receive Complainant’s formal complaint until May 6, 2026, which is more than 15 days after it issued the Notice of Right to File. Complainant filed the instant appeal.2 In relevant part, 29 C.F.R. §1614.107(a)(2) provides that an agency shall dismiss a complaint or a portion of a complaint that fails to comply with the applicable time limits contained in §1614.106. Under 29 C.F.R. §1614.106(b), a complainant must file their written EEO complaint with the agency that allegedly discriminated against them within 15 calendar days after the date of receipt of the Notice of Right to File an Individual Complaint required by 29 C.F.R. §1614.105(d), (e), or (f). This time limit may be extended, as it is subject to waiver, estoppel, and equitable tolling in accordance with 29 C.F.R. §1614.604(c). The Commission generally holds that documents transmitted to a complainant by email shall be deemed to be received when received if transmitted via email, or within five days of when the decision is emailed, whichever occurs first. See 29 C.F.R. § 1614.604(d). 2 Complainant’s appeal focuses on a new allegation that Agency employees improperly tampered with her USPS hold and forwarding services. She explains that she did not receive a written acknowledgement of her formal complaint, even though the Notice of Right to File states, “You will receive a written acknowledgement of your formal complaint.” We find that the Agency’s dismissal, which states, “[t]he Agency acknowledges the receipt of the formal complaint…” constitutes written acknowledgement. There is no record of the Agency issuing any written acknowledgement aside from its May 6, 2026, dismissal.
2026002593 3 The record reflects that the Agency delivered the Notice of Right to File (Notice) to Complainant’s email address of record on April 7, 2026. The Notice advised Complainant of the 15-day filing period and instructed her to mail the formal complaint to the Agency’s National Equal Employment Opportunity Investigative Services Office (NEEOISO) in Tampa, Florida. The Agency included the NEEOISO mailing address in the Notice and in the forms accompanying the Notice. As the record does not establish when Complainant opened the April 7, 2026, email, we presume Complainant received the Notice by April 12, 2026. Therefore, in order for her formal complaint to be considered timely, Complainant needed to mail her complaint to NEEOISO by April 27, 2026. On April 22, 2026, Complainant mailed her formal EEO complaint to the Commission’s Office of Federal Sector (OFS)3 in Washington, DC. OFS forwarded the complaint, via email, to the Agency on May 6, 2026. As May 6, 2026, is the date the formal complaint was sent to the Agency, May 6, 2026, is the filing date. Complainant maintains that she timely filed on April 22, 2026, but does not dispute that she mailed her formal complaint to the wrong address. The Commission has previously held that when provided with the proper address, filing at the wrong address does not constitute a proper filing. See Pacheo v. United States Postal Serv., EEOC Request No. 05930700 (Sept. 10, 1993), Jones-Sylvester v. United States Postal Serv., EEOC Appeal No. 0120093789 (Mar. 10, 2010). This holds true, even when the Complainant mails the complaint within the 15-day filing window, but sends it to OFS, instead of the Agency. See Minda W. v. United States Postal Serv., EEOC Appeal No. 2022002179 (Apr. 27, 2022). Here, the Notice of Right to File contained the proper address, yet Complainant sent her complaint to OFS instead. Complainant has not offered any explanation to justify extending the 15-day filing window pursuant to 29 C.F.R. §1614.604(c). Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED. 3 OFS was previously known as the Office of Federal Operations.
2026002593 4 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M1125) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law; or 2. The appellate decision will have a substantial impact on the policies, practices, or operations of the agency. Requests for reconsideration must be filed with EEOC’s Office of Federal Sector (OFS) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). Complainant should submit their request for reconsideration, and any statement or brief in support of their request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, Complainant can submit their request and arguments to the Director, Office of Federal Sector, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFS receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files their request via the EEOC Public Portal, in which case no proof of service is required.
2026002593 5 Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. § 1614.604(f). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124) You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by their full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests.
2026002593 6 Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: T. Gimbrere __________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 29, 2026 Date
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